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HomeMy WebLinkAbout10-24-2016 Council PacketAgenda for Council Meeting Set for Monday, October 24, 2016, 7:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 / www.ci.orono.mn.us The public is invited to address the council regarding any item on the regular agenda. If your topic is not on the agenda, you may speak during the Public Comments section. Roll Call Pledge of Allegiance Approval of Agenda 1. Consent Agenda — Consent agenda items, including (*) asterisk items, are considered to be routine items to be enacted upon by one motion by the City Council under this section of the agenda. Items on the Consent Agenda are reviewed in total by the City Council and may be approved through one motion with no further discussion by the Council. Any item may be removed by any Council Member, staff member or person from the public for separate consideration. If you wish to remove any item from the Consent Agenda, please state the item number and description of the item. Memos regarding each of the Agenda items are available in the Public Packet located in the lobby near the sign in sheet. Approval of Minutes 2. Council Meeting of October 10, 2016* Presentation 3. Sale of General Obligation Refunding Bonds Series 2016A Public Hearing 4. Public Hearing Regarding the Certification of Delinquent Utilities Public Comments — (Limit 5 Minutes per Person) This is an opportunity for the public to address matters not on the agenda. The council will not engage in discussion or take action on items presented at this time. However, the council may refer issues to staff for follow up or consideration at a future meeting. Speakers should state their name and home address at the podium before speaking. Public Works/City Engineer Report 5. Kelly Avenue Drainage (Carmen Outlet) Pay Request #2 -Final 6. Bulk Fuel Contract 7. Old Beach Road Right of Way (ROW) Encroachment Mayor/Council Report City Administrator's Report 8. Non -Waiver of Tort Limits 9. Yd Quarter Financial Report 10. Claims/Bills * Sign up for email notifications at www.ci.orono.mn.us — follow links for Stay Connected & Email Notification Agenda for Council Meeting Set for Monday, October 24, 2016, 7:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 / www.ci.orono.mn.us City Attorney's Report Closed Session 11. Closed Meeting — Labor Negotiations Adjournment Upcoming Events 2016 10-25-16 — LWV Candidate Forum 7:00 p.m. 11-07-16 — Park Commission Meeting, Monday 6:30 p.m. 11-08-16 — General Election Polls Open 7 a.m. — 8 p.m. 11-11-16 — City Offices Closed in Observance of Veterans Day 11-14-16 — City Council Meeting, 7:00 p.m. 11-21-16 — Planning Commission Meeting, Monday 6:30 p.m. (Council Liaison —Lizz Levang) 11-28-16 — City Council Meeting, 7:00 p.m. 12-12-16 — Truth in Taxation 6:30 p.m. 12-12-16 — City Council Meeting, 7:00 p.m. Sign up for email notifications at www.ci.orono.mn.us — follow links for Stay Connected & Email Notification MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 10, 2016 7:00 o'clock p.m. ROLL CALL The Orono City Council met on the above-mentioned date with the following members present: Mayor Lili Tod McMillan, Council Members Jim Cornick, Jr., Lizz Levang, Aaron Printup, and Dennis Walsh. Representing Staff were City Administrator Jessica Loftus, Community Development Director Jeremy Barnhart, Finance Director Ron Olson, Planner Michael Gaffron, Planner Melanie Curtis, City Attorney Soren Mattick, Consulting City Engineer David Martini, and Recorder Jackie Young. Mayor McMillan called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA Mayor McMillan noted Item No. 9 has been removed from tonight's agenda at the request of the applicant. Item Nos. 4, 5, 6, 7, 8, and 14 were added to the Consent Agenda. Item No. 2 was removed from the Consent Agenda. Levang moved, Printup seconded, to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES 2. ORONO CITY COUNCIL MINUTES OF SEPTEMBER 26, 2016 McMillan requested the motion on Page 8 be corrected to read $5,353,730 instead of $5,353,000. Levang moved, Printup seconded, to approve the minutes of the Orono City Council meeting of September 26, 2016, as amended. VOTE: Ayes 5, Nays 0. *3. ORONO CITY COUNCIL WORK SESSION OF SEPTEMBER 26, 2016 Levang moved, Printup seconded, to approve the minutes of the Orono City Council work session of September 26, 2016, as submitted. VOTE: Ayes 5, Nays 0. PUBLIC COMMENTS Gabriel Jabbour, 985 Tonkawa Road, stated he is here tonight to speak about the fire boat and the Sheriff's dock as well as to express his frustration and borderline anger about how this issue is being handled. Jabbour stated he personally assisted and obtained the funds to construct the present fire station, the satellite fire station and helped negotiate the 20 -year contract with Long Lake. Jabbour stated 15 years ago it was his idea to come up with a place to have a dock. The Hennepin County Water Patrol had a very difficult time in 2015 in removing people off the lake and that he was the one that came up with the idea for a satellite station. Jabbour stated his preference was that Hennepin County would purchase Sailor World, which did not occur, and that a temporary intermediate solution was arrived at. Page 1 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 10, 2016 7:00 o'clock p.m. PUBLIC COMMENTS (continued) Jabbour indicated he worked very hard with Hennepin County, with the Sheriff, and the Water Patrol to determine a location and how many cars should be parked there and what services should be provided. At that time Long Lake did not have a fire boat dock and instead utilized a dry dock. At that time, the City Council, the neighbors and the Planning Commission worked together to change Orono's ordinance that was adopted a long time ago. That new ordinance was to allow the Sheriff to have the dock as an access dock and not an overnight dock. Jabbour stated if they had understood that the Council and the Fire Department needed a dock to keep their boat overnight, maybe that site would not have been the appropriate site since there are only two places to park cars. Jabbour noted there is no place to park a fire engine. Jabbour stated they have a parking problem but not a dock problem. Jabbour stated he is sickened by the fact that this came up a few days before the election and is now becoming an election issue. Jabbour stated that is disingenuous, ill thought out, and arrogant. Jabbour stated today the Fire Department owns a dock, which he helped get donated. In addition, the City of Orono today owns land down the street closer to the fire station. Jabbour stated meanwhile, Council Member Walsh said he talked at dinner and not at a formal meeting with the Sheriff who indicated he would not have a problem with them being parked there. Jabbour noted the Sheriff has no authority to go there and that it is Hennepin County who owns the dock. Jabbour stated he personally has a fire boat docked at his marina and that he allowed the Water Patrol one year of use at his facility, including the building, at no charge. Jabbour stated he knows what it takes to get some of this stuff done and that he worked enormously hard for Minnetonka and public safety. The City's relationship with the Sheriff is extremely important and that the steps taken in the past by the Sheriff are evolving to a better tomorrow because of it. Jabbour stated the Sheriff's relationship with the Hennepin County Commission is not the best and that trying to get those two people pinned against each other over a dock is not necessary. Jabbour noted there was no variance given and that Council Member Walsh was dead wrong. Jabbour stated if the Council decides to change the ordinance, they have the land, they have the dock, and they have the parking to accommodate two to three fire engines. Jabbour stated they should leave the County alone because the only thing that is happening is that they are colliding on county politics. Jabbour stated there is one person marching on to do a 200 percent decision a few days before the election and that if that person really wants the fire department to find a permanent solution, they should not grandstand a few days before the election. Jabbour stated the City needs permanent solutions for problems and that he does not want a Council that is arrogant or decisions that are done politically when those decisions put people's lives at risk. Jabbour stated it is not safe to jam cars on County Road 15 and that only two ambulances and one squad car can be there. Jabbour stated he can guarantee the Council, based on his conversation with the County, that it is very highly unlikely the County will allow that. Jabbour stated as a friend of the Fire Department, he is here to ask the Council to think about what they are doing and to not follow a leader who does not know where he is going. Council Member Walsh stated he appreciates Mr. Jabbour's time and that he is glad he brought up the issue now versus later. Page 2 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 10, 2016 7:00 o'clock p.m. PUBLIC COMMENTS Jabbour noted this is the public comment section. Walsh stated he can comment if he wants. Jabbour stated he can make his comments during the mayor/council report and that this is a monologue and not a dialogue. Walsh stated last week there was a lot of monologue and dialogue going on during the public comment section and that he can comment unless the Mayor thinks only she can do it. McMillan noted she did not speak from up at the dais. McMillan asked if there are any further public comments. Richard Crosby, 2705 Walters Port Lane, stated public safety is definitely a passion of his and that he spent ten years on the Long Lake Fire Department, retiring at the end of last month. Crosby stated this is an issue and it should be something that as a community they work together to get solved. Crosby stated it is not politics to him and that it is about saving people. Crosby stated to say it does not matter when people died last year and drowned on the lake offends him. In contrast, Crosby noted the year before he took part in rescues where they helped airlift three people off of Lake Minnetonka and that those people are alive today. Crosby commented he is not sure if the Hennepin County Sheriff's dock is the perfect place but that he is open to discussion. Crosby stated the idea of bringing a fire truck to that parking spot does not happen and that they use Utility 11, which is a short rescue truck, and they typically bring Rescue 21 on those calls. Crosby stated the Fire Department is not bringing an engine to a boat rescue and that it does not happen. Crosby stated he would also like to talk about bringing a more respectful manner to what is going on in the Orono community. Crosby noted there have been personal attacks on people and that this election should be about issues and not personalities. In addition, there have been campaign signs that have been taken and that he would like to bring civility to the election process. Crosby stated people need to respect each other and respect that there may be differences of opinions but handle it in a proper manner. Crosby commented they all are blessed to live here and that Orono is a wonderful community. Crosby stated the eyes of our kids and neighbors are on them right now and that the focus should be on the kids and neighbors. Crosby stated he was a volunteer for 10 years, that he was honored to do it, and that it is an honor to serve the community we call home. Crosby stated if everyone can get back to handling each other in a more respectful manner and come to some common ground that would be terrific. Crosby stated he would really, really appreciate it. Page 3 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 10, 2016 7:00 o'clock p.m. PUBLIC WORKS/CITY ENGINEER REPORT *4. LIFT STATION 28 PUMP REPLACEMENT Levang moved, Printup seconded, to approve replacement of the sewer pump at Lift Station 28. VOTE: Ayes 5, Nays 0. *5. LIFT STATION #2 BACKUP GENERATOR AWARD Levang moved, Printup seconded, to award the Lift Station No. 2 backup generator contract to Pember Companies for $170,550.00, and to authorize Bolton and Menk to provide construction management services. VOTE: Ayes 5, Nays 0. PLANNING DEPARTMENT REPORT — JON SCHWINGLER, REPRESENTATIVE *6. #14-3695 WILLIAM TOLES, 1095 FERNDALE ROAD WEST — RENEWAL OF RESOLUTION NO. 6463 — RESOLUTION NO. 6679 Levang moved, Printup seconded, to adopt RESOLUTION NO. 6679, a Resolution Granting an Extension of the Variances Conditional Use Permit Established by Resolution No. 6463, File No. 14-3965. VOTE: Ayes 5, Nays 0. *7. #16-3859 ROBERT GUMNIT AND FRANCES GRAHAM, 1100 OLD CRYSTAL BAY ROAD SOUTH - CONDITIONAL USE PERMIT — RESOLUTION NO. 6680 Levang moved, Printup seconded, to adopt RESOLUTION NO. 6680, a Resolution Approving Conditional Use Permit Pursuant to Municipal Zoning Code, Section 78-418, for the property located at 2732 Caroline Avenue, File No. 16-3859. VOTE: Ayes 5, Nays 0. *8. #16-3864 PETER ESKUCHE ON BEHALF OF GRAHAM MERRY, 500 WILLOW DRIVE SOUTH, CONDITIONAL USE PERMIT AND VARIANCE — RESOLUTION NO. 6681 Levang moved, Printup seconded, to adopt RESOLUTION NO. 6681, a Resolution Approving Variances from Municipal Zoning Code Sections 78-1434, 78-1435, and 78-1437, and a Conditional Use Permit Pursuant to Municipal Zoning Code, Section 78-418, for the property located at 500 Willow Drive South, File No. 16-3864. VOTE: Ayes 5, Nays 0. 9. #15-3763/16-3860 CHRISTOPHER AND GAIL BOLLIS/CHRISTOPHER AND RACHEL BOLLIS, 200-350 STUBBS BAY ROAD NORTH - FINAL PLAT REVIEW This item was removed from the agenda at the request of the applicant. 10. #15-3774/16-3867 MICHAEL STEADMAN ON BEHALF OF IRWIN L. JACOBS AND ALEXANDRA JACOBS,1700 SHORELINE DRIVE — FINAL PLAT — RESOLUTION NO. 6683 Senior Planner Gaffron noted on December 14, 2015, the City Council adopted Resolution No. 6569 that granted preliminary approval for a residential plat of the property located at 1700 Shoreline Drive Page 4 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 10, 2016 7:00 o'clock p.m. 10. #15-3774/16-3867 MICHAEL STEADMAN ON BEHALF OF IRWIN L. JACOBS AND ALEXANDRA JACOBS,1700 SHORELINE DRIVE — FINAL PLAT — RESOLUTION NO. 6683 (continued) creating three new two -plus acre lakeshore building lots. It leaves the existing house and accessory buildings on the property. Michael Steadman, on behalf of the property owners, requests final plat approval in order to finalize the project and proceed. The developer has completed or has agreed to complete all requirements established at preliminary approval in order to gain final plat approval. The developer has completed or has agreed to complete all requirements established at preliminary plat approval in order to gain final plat approval. There are three specific items for discussion tonight and they are as follows: The developer has provided a boulevard landscaping and entry monument plan. The landscaping proposed includes shade trees and evergreens in the boulevard of the new road and cul-de-sac, with shade trees uniformly spaced. The road is an extension of Heritage Lane. Gaffron noted there is a very narrow space between the edge of the road or the curb and the retaining wall. The City Council should consider whether this is an appropriate landscaping plan. 2. The developer is also proposing two different monuments: an entry monument that is seven or eight feet high with a wing on it. That monument is proposed to be located within the right-of- way. The City Council should determine whether it should be within the right-of-way or off to one side. Three additional individual address posts and mailbox posts are being proposed. The developer has also provided depictions of the proposed traffic control signage to be placed temporarily during construction. This includes the traffic management conditions as established in the preliminary plat approval. This signage is expected to remain during both road and new home construction. The restrictions on the construction include hours from 9 a.m. to 4 p.m., Monday through Friday. Some work is allowed on the weekends but not on holidays. There are further restrictions on the construction hours during the school year, with the hours being 9 a.m. to 4 p.m., Monday through Friday, and no weekend hours. During the summer months the hours for construction shall be subject to the City's regulations, which are Monday through Friday, 7 a.m. through 8 p.m., and on weekends and holidays 8 a.m. to 8 p.m. The intent with the parking signs is that all construction parking occur within individual properties or at least near the area of the new cul-de-sac being constructed to avoid any issues with parking for the neighborhood. There is also a 15 mile -an -hour speed limit for construction traffic. Trucks leaving are required to take a right turn and not a left turn as they are leaving Heritage Lane to go onto County Road 15. 4. Disposition of the existing cul-de-sac has yet to be determined. City Consulting Engineer Bob Bean, in his letter dated 9/30/16, indicates that if the existing cul-de-sac is removed, it would require extensive work to reconnect driveway and an existing manhole would be outside the remaining pavement in boulevard lawn area. Page 5 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 10, 2016 7:00 o'clock p.m. 10. #15-3774/16-3867 MICHAEL STEADMAN ON BEHALF OF IRWIN L. JACOBS AND ALEXANDRA JACOBS,1700 SHORELINE DRIVE — FINAL PLAT — RESOLUTION NO. 6683 (continued) His recommendation is to not remove the excess pavement and to leave the existing cul-de-sac as is. Staff has asked the developer to discuss this with the neighbors and the homeowners association to determine whether they have a preference for the cul-de-sac to remain or be removed. The existing cul-de-sac is substandard. Gaffron noted the City will accept the road and cul-de-sac extension as public upon completion of road construction and maintain this as public right-of-way. Similarly, the stormwater facilities, which will be constructed to serve runoff from the road and cul-de-sac, are on public easements and will be maintained by the City. Possible house locations as depicted on the preliminary plat and final plans are approved as located on the plans absent the need for average setback variances. The final plat approval resolution states that proposed construction of homes lakeward of those depicted sites may be subject to an average setback review process if Staff determines there might be an impairment of the lake views of adjacent lots. The final plat resolution declares that the extension of Heritage Lane is hereby open as a public road. The City Attorney and the developer's attorney have reviewed the Development Agreement and Declarations and they appear to address all topics required based on the Preliminary Plat Approval Resolution. Minor revisions to these documents may be made prior to filing. The resolution includes variance findings regarding the length of the cul-de-sac. Staff recommends that the Council adopt the revised resolution subject to Staff and City Attorney confirmation of satisfactory completion of all required final submittals and documents. Filing of the plat and associated documents with Hennepin County will not occur until all specific requirements of approval have been completed. Cornick asked if the cost to remove the existing cul-de-sac would be borne by the City. Gaffron stated it would be Staff's expectation that the cost to remove that would be borne by the developer. Levang asked if any comments have been received from the neighbors regarding the possible elimination of the cul-de-sac. Gaffron indicated the City has not received any comments but that Mr. Steadman has met with the homeowners' association president. Gaffron stated he does not know the result of that discussion or whether that was discussed. Michael Steadman, Developer, indicated he did meet with Steve Byrnes of the homeowners association last week to go over the protocols, the communications, schedules, the landscaping plan, and the signage. Also discussed were the two wings of the cul-de-sac. Steadman stated at this point his recommendation was to leave it as is since the lot across the street next to Mr. Libby has been sold and construction of a new home will be started. Steadman stated if those two wings are eliminated, in his view there will be a lot of congestion, but that he is open to removing it or keeping it as is. Page 6 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 10, 2016 7:00 o'clock p.m. 10. #15-3774/16-3867 MICHAEL STEADMAN ON BEHALF OF IRWIN L. JACOBS AND ALEXANDRA JACOBS,1700 SHORELINE DRIVE — FINAL PLAT — RESOLUTION NO. 6683 (continued) Steadman stated he would recommend leaving it given the construction of the new home and on the other lots that are part of this development. McMillan stated the question is what happens after the construction is completed and that it might be too early to tell at this point. McMillan stated the neighbors might also want to reduce it somewhat and leave some area for parking. Steadman stated they are open to removing it but that it may make sense due to the congestion that will likely occur in the fall to leave it for some parking options. Walsh stated based on his conversations, the neighbors would like it to remain at this point. Steadman stated they are open to any change after the fact as well. Printup asked if the revised resolution is different than what the Council was provided in the packet. Gaffron indicated the resolution matches what was e-mailed to the Council on Friday. The difference is the paragraph that discusses the variance findings regarding the road length. Printup commented he is concerned about any notification issues. Mattick stated the public hearing has already been held and this was discussed at the preliminary plat stage. Mattick noted the Council, in granting a variance, should make specific findings regarding any variances and that these findings go step by step in terms of what is required by the City Code. Walsh stated in regards to Item No. 1, it talks about extending the road access though the property to Shoreline Drive to serve the three lots and that it will require a variance to cul-de-sac length even greater than requested. After that language it says that it would have wetland impacts greater than what are proposed. Walsh asked if that is a documented finding or a Staff finding. Gaffron noted that was part of the preliminary plat discussion and that there will be impacts all along the existing wetland at that location given the width of the road. Walsh commented there seemed like there were a lot of conflicting reports and statements about where the road could go and that he is not comfortable in saying that that is the finding. Walsh noted the resolution further states that it would require revisions of the county road to create turn lanes and asked whether the City has documentation from the County that that is the case. Gaffron stated that also was discussed at preliminary plat and that there are comments from the County regarding that. The discussion at that time was that based on the location, there is no existing turn lane for the driveway but that there is an existing turn lane at Heritage. Walsh stated he does not agree with the language of the findings regarding the road length variance and does not want to make it a finding. McMillan asked if Council Member Walsh has some language he would suggest. Page 7 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 10, 2016 7:00 o'clock p.m. 10. #15-3774/16-3867 MICHAEL STEADMAN ON BEHALF OF IRWIN L. JACOBS AND ALEXANDRA JACOBS,1700 SHORELINE DRIVE — FINAL PLAT — RESOLUTION NO. 6683 (continued) Walsh stated he would probably get rid of both of them and end the sentence where it says, to serve the three lots would require a variance to cu -de -sac length even greater than requested. Walsh stated the City does not have any true documentation or true findings backing those up and that he does not want to agree to a finding that the City does not have documented findings on. Walsh stated under Item No. 4 it says the lack of reasonable alternatives for access to the new lots is a result of topographic constraints due to steep slopes, the existence of bluffs, and the existence of wetlands which would be impacted to a greater extent by an alternative road option than those impacts which will be caused by the proposed road extension. Walsh stated he has the same issue with that and that he would strike that completely and come up with something else that is definable. McMillan stated to her understanding there were some bluffs and steep slopes. Walsh stated there are bluffs and steep slopes but that there was also another area on the east side of the property where the road could have gone, which was never really explored completely, and that he does not believe the can make a finding since they never went through that process. Walsh stated that was also part of the reason the neighborhood was not happy. Walsh indicated he would not be comfortable saying that finding. McMillan stated to her recollection there was some discussion about bluffs and documentation on that. City Attorney Mattick stated he understands Council Member Walsh's concern and that there was not an absolute study and there were conflicting opinions between the developer and the residents. Mattick stated it is ultimately up to the Council on whether that finding was met. Mattick indicated Staff can certainly change the language as it relates to that finding if the Council elects to do that. Levang moved, Cornick seconded, to adopt RESOLUTION NO. 6683, a Resolution Approving the Plat of Tanager Estates, for the property located at 1700 Shoreline Drive, File No. 15-3749/16-3867. Walsh commented he will not be voting in favor of the motion. Walsh stated he is still disappointed in regards to where it talks about the parking and the hours of construction. Walsh stated they had an agreement that everyone could live with but that was unilaterally changed at the last second by the mayor. McMillan stated she does not know what he is referring to. McMillan requested Council Member Walsh just speak for himself. Walsh stated he is speaking to the facts. McMillan stated Council Member Walsh needs to speak for himself. Gaffron asked if the Council is comfortable with the landscaping and monument plan, the traffic control, and signage. Gaffron displayed the proposed signage for construction parking. McMillan asked if the homeowners association had any thoughts regarding the signage. Page 8 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 10, 2016 7:00 o'clock p.m. 10. #15-3774/16-3867 MICHAEL STEADMAN ON BEHALF OF IRWIN L. JACOBS AND ALEXANDRA JACOBS,1700 SHORELINE DRIVE — FINAL PLAT — RESOLUTION NO. 6683 (continued) Steadman stated in his view option one is preferred basically since it is easier to read. Steadman recommended the City Council identify which option they prefer. Gaffron stated what he has heard is the cul-de-sac will be left as is for now but could potentially be removed in the future by the developer. McMillan noted if any changes are made to the cul-de-sac, the applicant will need to come back to Staff and receive the approval of the City Engineer. VOTE: Ayes 3, Nays 2, Printup and Walsh Opposed. 11. #16-3855 ERIC AND ANDREA LARSON, 690 BROW ROAD NORTH, SCOTT AND JEANNE MABUSTH, 740 BROWN ROAD NORTH — SKETCH PLAN REVIEW Tom Goodrum, Westwood Engineer; Rose Lorsung, Recreate Real Estate; and Andy Nelson, Westwood Professional Services. Gaffron stated the applicants are presenting a sketch plan for a 27 -acre property that is comprised of two tax parcels. The proposed development is for 25 single-family residential lots ranging in size from 15,000 square feet to just over two acres. All lots are proposed to be served by municipal sewer and water and an internal road system. The proposed plan would require rezoning from LR-lA, which is a two -acre lakeshore residential zone, to RPUD over a portion of the property. The proposed plan would also require an amendment of the Comprehensive Plan, as the properties are within Orono's defined Rural Area in which the minimum lot size for new development is two dry buildable acres. Gaffron indicated the areas depicted in red on the overhead are Orono's defined Urban Area and the areas depicted in green are the defined Rural Area. Those designations have been in place since at least the 1980 Comprehensive Plan and recognize the fact that Orono has developed in two different ways. The initial demarcation between urban and rural had to do with where the MUSA service is located, which has not changed significantly through the years. The property on the lakeshore is zoned for two -acre single- family and is currently guided that way. The Planning Commission reviewed the applicants' sketch plan at their September meeting and their comments are included in the draft Planning Commission minutes. Before the Council tonight is a section of the minutes that was requested to be revised by the applicant to be verbatim and has to do with the potential for changing the density. Gaffron stated as a sketch plan, the process does not require any formal action and is not noticed as a public hearing. There were many neighbors interested at the Planning Commission that provided oral comments at the Planning Commission meeting as well as written comments following that meeting. The City Council should consider the following: 1. The property is designated in the Comprehensive Plan as a defined Rural Area. The property has been zoned and guided for 2 -acre single-family development for many decades. Page 9 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 10, 2016 7:00 o'clock p.m. 11. #16-3855 ERIC AND ANDREA LARSON, 690 BROW ROAD NORTH, SCOTT AND JEANNE MABUSTH, 740 BROWN ROAD NORTH — SKETCH PLAN REVIEW (continued) The current Land Use Plan guiding for Low Density Residential Use by suggesting a density range of 0.5-2.0 units per acre was established to reflect the various historic densities of development within the defined Rural Area but was not intended to direct that land historically zoned for two -acre lots should be changed to higher densities. The City specifically guided certain carefully selected properties for higher density in 2010 to meet Metropolitan Council goals. This was not one of those properties. Therefore, the proposed development is a significant departure from the historic planned development pattern for this site. 2. If higher density for a portion of the site is deemed to be acceptable, is the City Council comfortable with the 15-000-20,000 square foot lot sizes generally proposed in the RPUD portion of the site? Do these lot sizes provide a reasonable transition between the rural 2 -acre lots to the north and the variety of development types to the west and south? 3. Portions of the property located less than 250 feet from the creek or less than 250 feet from the ordinary high water level of Long Lake are not eligible to be rezoned to RPUD nor are they subject to flexibility in terms of lot standards. The applicants are requesting that these areas be included in the RPUD rezoning in order to allow flexibility due to the physical limitations of the site. 4. Due to the number of units to be served, the proposed overall density of development and the use of municipal sewer and water systems, it could be argued that the road system should be public. The applicants are prepared for the road to be private. The City Council should discuss the merits of this being a public or private road. The City Council should discuss whether this development should be required to create the RPUD standard 10 percent private recreation area and whether the proposed internal trail system would satisfy that requirement. Gaffron stated in regards to the Metropolitan Council sewered density analysis, the City has re- established enough buffer to allow expansion of MUSA services in areas historically guided for low densities. That buffer currently is large enough to accommodate either the applicants' proposed 25 -unit development or a 10 -unit development with 2 -acre lots. Development of 10 units will result in a greater decrease in the buffer than if it is developed with 25 units. Gaffron noted the City has received additional written comments that are before the Council tonight. Gaffron indicated the applicants have a presentation they would like to give to the City Council. McMillan asked Staff to provide some background on the 2000 Comprehensive Plan as it relates to 2 -acre sewered lakeshore lots. Gaffron stated in 2000, the City recognized that there were a number of areas of the City that were sewered but never rezoned or re -guided, such as Minnetonka Bluffs, Stubbs Bay Northeast and Northwest, or the Crystal Bay neighborhood. Page 10 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 10, 2016 7:00 o'clock p.m. 11. #16-3855 ERIC AND ANDREA LARSON, 690 BROW ROAD NORTH, SCOTT AND JEANNE MABUSTH, 740 BROWN ROAD NORTH — SKETCH PLAN REVIEW (continued) In those situations, lots were created around 100 years ago and later developed at a high density. The idea was that those properties would eventually obtain sewer but are still considered part of the rural area. Gaffron stated during the drafting of the 2000 Comprehensive Plan, the City realized there were areas around the lake that have not been brought into the sewered area even though they had been sewered. It seemed to be the logical thing at that time to eventually require every lakeshore lot be sewered. At this time approximately 95 or 97 percent of those lots have been sewered but there are still some properties that have not been. Those properties were brought into the MUSA in 2000, which allows them to be provided with municipal sewer. Gaffron stated the issue with that was that the Metropolitan Council was requiring that any newly sewered acres need to have a density of at least three units per acre. Gaffron stated the City, with its most recent Comprehensive Plan, agreed with the Metropolitan Council that those areas that are guided for low density would require the City to re -guide other properties within the City for higher density. As a result of the last Comprehensive Plan Amendment, the Eisinger site was guided for higher density as well as some other properties. The intent was to create a buffer in terms of the Metropolitan Council density calculation that is based on new development. In order for the City to allow certain properties to be developed as two acre lots and be sewered, other properties within the City have been reguided at a higher density. Gaffron stated based on that, the City was being proactive in providing the ability for existing large lots on the lakeshore to be provided with sewer and not be at the higher density levels that the Metropolitan Council would normally require. The Metropolitan Council has agreed with that. In addition, as a result on some recent developments, the City has reguided some areas in Navarre for higher densities, but the City still has the buffer in place to allow the low density lakeshore lots to be developed with sewer. McMillan noted even though this is not a public hearing, given the interest by the public, she will open the meeting up to public comment following the developer's presentation and Council feedback. Tom Goodrum, Senior Planner with Westwood Engineering, indicated he will go through their presentation, address some of the comments in Staff's report, and then answer any questions the Council may have. Goodrum noted the minutes of the Planning Commission were very thorough and that they provide a good background for what was previously discussed. Goodrum stated they have been looking at this property for three years now and that it is a very unique property. Goodrum noted it consists of 27 acres located on Long Lake, with Brown Road being on the other side of the property. In the surrounding area there are other two -acre properties in the Sugar Woods development, senior housing, apartment buildings, commercial uses, and downtown Long Lake, which is a pretty dense area. Goodrum stated they are taking the opportunity with this development to improve the natural amenities, complement those surrounding areas, and serve as a good transition site from the lake to the nearby residential neighborhood. Goodrum noted a sketch plan review is designed to take a look at the piece of the property and see whether the proposed development makes common sense, meets City goals and policies, and then allow for discussion on the design by the Council and the neighbors. Page 11 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 10, 2016 7:00 o'clock p.m. 11. #16-3855 ERIC AND ANDREA LARSON, 690 BROW ROAD NORTH, SCOTT AND JEANNE MABUSTH, 740 BROWN ROAD NORTH — SKETCH PLAN REVIEW (continued) Key points of the sketch plan include the following: - A design based on careful environmental analysis. - Conservation and restoration of natural features. - Maintaining the integrity of Long Lake by incorporating large lots along Long Lake and the north lot Line. - Complements the neighboring development to the west and south. - Will be served by existing sewer and water services. - Incorporating a low impact design. - Enhancing the wetlands on the site. Goodrum indicated they will be incorporating a lot of new technology and improvements that have not been done on the surrounding properties. Some of the development goals include high quality design/high quality homes, compliance with the City's zoning standards, environmental protection, preserving the character of the neighborhood, stormwater/phosphorus reduction by 85 percent versus 25 percent, and a rural designation/density. Goodrum noted they are more towards the lower end of the density for the Rural Area. Other people involved with the development include Rose Lorsung with ReCreate Real Estate; Todd Ullom, wetland expert; Gerald Duffy, Attorney -at -Law; Kevin Teppen, Senior Site Designer, and Tom Miller, Stormwater Engineer. Goodrum noted their team is not new to the development process and that they understand the City's goals and want to incorporate them into this development. Goodrum explained their environmental protection plan includes wetland restoration of the degraded wetlands, cleanup of Dickey's creek, conservation of trees for view sheds, shoreland enhancement, lake water quality improvement, buckthorn removal, wetland invasive species removal, tree cleanup, and phosphorus removal. Goodrum displayed a picture of Brown Road and the existing topography along the perimeter of the property. Goodrum noted they will not be removing the trees along Brown Road and that it will look basically the same as it does today. Goodrum displayed a picture of the entrance to the Sugar Woods development and pictures of the interior of the property. Goodrum noted the development will occur in the non -wooded areas of the site, outside of the wetlands, and result in very little tree removal. Goodrum indicated they are proposing to have two acre lots along the lakeshore, and whether someone is on the lake or on Brown Road, it will look the same as it does today. Goodrum noted their plan has the following conformance to city policies: - The character of the area will not be altered due to the project. - The site abuts an urban area designation. - The site is within the MUSA and easily accessible to existing sewer and water. - The site is within the low density designation of Orono's land use plan. Page 12 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 10, 2016 7:00 o'clock p.m. 11. #16-3855 ERIC AND ANDREA LARSON, 690 BROW ROAD NORTH, SCOTT AND JEANNE MABUSTH, 740 BROWN ROAD NORTH — SKETCH PLAN REVIEW (continued) - There are several subdivisions within the Rural Area that are developed as similar densities. - The plan will provide better stormwater and phosphorus control than 2 -acre buildable area. Goodrum stated their request to utilize the RPUD is simply to create a transitional and environmentally improved development. Goodrum commented the City has approved RPUDs in the past when it makes sense and that it makes sense in this situation. Rezoning the entire site to RPUD would allow them to effectively develop a 27 -acre site to match the surrounding area and will provide the ability to create complementary but individually unique lots within the site and keep the entire site under the Rural designation. The RPUD would also allow them to utilize existing sewer/water services. Goodrum noted they are requesting the two -acre lots also be included in the RPUD. Goodrum stated in order to meet the City's zoning codes, they would need to remove the existing pool, but by relocating the lot line under the RPUD, that pool would be allowed to remain. Goodrum indicated they are fine with the road being either private road instead of public. Goodrum noted the two -acre lots are to help prevent phosphorus runoff and meet the character of the neighborhood. Goodrum noted they are also proposing density for the entire site that is in the middle of the City's rural density. Other elements to the plan include the following: - The utilization of conservation principles. - Complements the Sugar Woods development. - Uses conservation principles. - Rural density within the site at .93. - Utilizing existing urban services - Improving runoff and water quality. Goodrum noted the Sugar Woods development has five lots along Brown Road and that they are proposing six lots. Goodrum stated in their view they have an excellent transitional development within a 20 -acre site. Andy Nelson, Westwood Professional Services, stated they placed a high importance on stormwater management. Some of the goals were to meet the requirements of the Minnehaha Creek Watershed District, which included runoff rate control, runoff volume control, and treatment of runoff to protect Long Lake. In order to accomplish those goals, a conservation stormwater design was created to exceed the goals of the MCWD. The tools used were a stormwater pond with irrigation reuse, sand iron filtration basins around the ponds, rain gardens, and pervious paver driveways. Nelson displayed a picture depicting the rain gardens, pervious pavers, and stormwater pond. Nelson noted the rain gardens will help provide treatment of runoff as well as provide an amenity to the property. Nelson pointed out their conservation design will exceed the goals of the MCWD and will reduce phosphorus by 87 percent over existing conditions and 25 percent over the standard MCWD design. Page 13 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 10, 2016 7:00 o'clock p.m. 11. #16-3855 ERIC AND ANDREA LARSON, 690 BROW ROAD NORTH, SCOTT AND JEANNE MABUSTH, 740 BROWN ROAD NORTH — SKETCH PLAN REVIEW (continued) McMillan asked what kind of maintenance the sand iron filters will need in the future. Nelson indicated they are predicting 25 to 30 years lifespan for those. McMillan asked if there is any annual maintenance required. Nelson stated they would require some cleanout periodically. McMillan asked if they have been in existence for a while. Nelson indicated they have been in use for five to ten years and that the sand benches have been found to be the best for phosphorus removal. Goodrum stated he has been doing conservation planning for 30 years and that he has traveled with the DNR across the state promoting conservation development. Goodrum noted Carver County is now requiring the iron filtration. Goodrum noted their plan proposes an 87 improvement in phosphorus removal compared to MCWD's 25 percent, which is a huge difference. Goodrum stated meeting the goals of the management plan is their number one goal and that they can exceed the standard goals with new technologies. Goodrum displayed a color rendition of the types of homes that would be constructed on the site. Goodrum stated the property has been zoned and guided for single-family. Goodrum noted they are not attempting to cram a bunch of homes on the site and that it complements the surrounding area. Goodrum stated he would like to now address a couple of points addressed in Staff's report. Goodrum noted the property has been guided and zoned for two -acre single family, with two acres typically being needed for stormwater prevention and septic sites. Goodrum noted they do not require two acres since the lots will be utilizing city sewer and water but that they will not be asking to rezone it to a higher density. Goodrum stated as it relates to lot size, rezoning it to an RPUD will allow a mixture of lot sizes on the site and that an RPUD is already considered by the City as an acceptable type of development in certain areas. Goodrum stated in their view RPUD is acceptable for this site. Point No. 3 in Staff's report relates to the 250 feet from the creek or the ordinary high water level. Goodrum noted they are proposing two acre lots within the 250 -feet, which meets the City's code requirements, and that the only exception is slicing off the swimming pool. Goodrum indicated they are okay with it being a public road as well as the 10 percent private recreation area. Goodrum stated overall they are meeting City Code requirements. McMillan stated she had a question about enhancing the creek and wetlands in the less dense areas. McMillan asked what is being proposed for the less dense areas for enhancements. Goodrum pointed out in the northwest corner there is a large wetland area which is currently degraded Page 14 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 10, 2016 7:00 o'clock p.m. 11. #16-3855 ERIC AND ANDREA LARSON, 690 BROW ROAD NORTH, SCOTT AND JEANNE MABUSTH, 740 BROWN ROAD NORTH — SKETCH PLAN REVIEW (continued) Goodrum indicated they will be cleaning that up by removing the cattail seeds, removing invasive species, restoring the banks, and re-establishing the wetland. Goodrum indicated there are a number of techniques that will work and that they have spoken with the Watershed District regarding that. Nelson stated they will restore the wetland back to its original condition. Nelson stated cattails are not original to wetlands and that those will be removed. McMillan asked what will be done to the creek area. Goodrum stated there are a lot of dead and fallen trees and buckthorn that will be removed. McMillan asked if any natural vegetation will be planted. Goodrum indicated they will be planting some native vegetation or grass. McMillan asked if the creek has an erosion problem into Long Lake. Rose Lorsung, ReCreate Real Estate, stated they have performed a full wetland delineation and that they are currently developing a plan in conjunction with the Watershed District for enhancing the wetlands. Lorsung noted the MCWD has analyzed the site using aerial photos and at one point the MCWD has said that most of the wetlands on the site are Class I or Manage 1. Lorsung stated according to their field work, almost every wetland on the property is severely degraded, especially the wetlands that are adjacent to the creek. Lorsung stated their plan is to go from a Manage 3 class, which is what they were in the field, and bringing them up to a Manage 1. Lorsung stated one of the overall goals of the development is to have a low impact development which will include enhancing all the wetlands on the property by utilizing natural grasses, creating retention ponds or rain gardens, and removing buckthorn. Lorsung stated the current state of Dickey's Creek is part of the problem and that they have a huge opportunity with this development to improve that. Council Member Levang asked what people will see different about the wetlands five years from now. Levang asked if the enhancements will bring back wildlife to the area. Lorsung stated part of the management class of wetlands concerns the habitat and wildlife. Lorsung stated what usually happens is the contractor will go in there, dredge it out, which will remove what should not be there, and then plant the correct vegetation. Lorsung stated the homeowners association will need to maintain that over time or there will be penalties for that. In addition, signage will be erected and routine maintenance will need to be done. Lorsung indicated as part of the application, they will be taking before and after pictures, but since they are still in the early stages of the development, they have not done that yet. Lorsung stated following the restoration, it should be visually beautiful as well as enhancing it for the wildlife and improving the water quality. Goodrum stated there will also be buffers in place as well to protect the wetlands and creek. Those buffers will meet the standards of the MCWD and the City of Orono. Page 15 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 10, 2016 7:00 o'clock p.m. 11. #16-3855 ERIC AND ANDREA LARSON, 690 BROW ROAD NORTH, SCOTT AND JEANNE MABUSTH, 740 BROWN ROAD NORTH — SKETCH PLAN REVIEW (continued) Goodrum noted those buffers will also enhance the wildlife corridor. Goodrum stated they understand that as part of the development they will be required to clean up the wetlands and re-establish the slopes, and if there are problems with the wetlands currently, they will be remedied as part of this project Council Member Printup asked if the City could request some kind of environmental cleanup regardless of the type of project that is developed on the site. Gaffron indicated that would be part of the City's Conservation Design process and through that the City would expect that the developer identify all of those features that need to be cleaned up or restored. McMillan stated regardless of the density, the City will want to work with the Watershed District to improve the area and that this is a huge opportunity to clean up the creek and the runoff to the lake. McMillan stated as part of the Lakeview development, the City worked with the developer and they ended up changing the wetland credits, which awarded the developer for his conservation efforts to protect the water and wildlife. Goodrum noted under an RPUD, the City has more control over what is done than what is required under standard zoning. Printup indicated he is okay with not rezoning or not amending the Comprehensive Plan. Printup stated what the developer has presented is nice but that he is not in a position at this time to start making changes to the City's Comprehensive Plan. Walsh stated he had an opportunity to meet with the developer prior to tonight and that they have presented a very nice plan. Walsh stated in his view this is a good time where the Council may want to look at the reason why the City should have public hearings for sketch plans. Walsh stated the citizens were put off a little bit at the Planning Commission because of the lack of notice regarding the development and that the City might want to change that since it will be an opportunity to obtain public comment prior to a lot of work being done. Walsh noted the developer talked about density ranging from half an acre to two acres and that the density will have an impact on the Metropolitan Council's calculations. Walsh stated he would be more comfortable staying with the current density but that he would like to know what the feedback is from the neighbors. Goodrum stated one thing about the ordinance is that it is silent on the type of development being proposed tonight. The ordinance talks about two acre lots in the rural area where there are septic sites. The ordinance also talks about lots that are served by public utilities, which can be at a smaller size. Goodrum stated what it does not talk about are lots in rural areas that are served by septic. Goodrum stated historically the City looked at developments and kept the two acre sites, but that they may want to relook at that. Goodrum noted there are new techniques to improve areas that address those questions. Page 16 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 10, 2016 7:00 o'clock p.m. 11. #16-3855 ERIC AND ANDREA LARSON, 690 BROW ROAD NORTH, SCOTT AND JEANNE MABUSTH, 740 BROWN ROAD NORTH — SKETCH PLAN REVIEW (continued) Goodrum stated they appreciated the comments from the neighbors and that they have listened to their comments at the Planning Commission meeting. Goodrum noted they did take a look at the traffic as a result of those concerns expressed and that they have been reassured that what this project does is not going to negatively impact the character of the surrounding properties. McMillan stated she appreciates the fact that they kept it at two acres within the 250 -foot area. McMillan noted the City has given a lot of thought on how to mitigate the higher density piece. McMillan stated the longer she lives here, there are more people saying they would like smaller lots since they do not want to maintain a 2 -acre lot. McMillan noted as part of the Lakeview development, 60 acres were placed into conservation, which will be maintained by the homeowners association. McMillan stated she also appreciates the time and energy they have put into the plan but that there are some difficult situations in the northeast section given the contour of the lake. McMillan indicated she is not a big fan of having a lot of cul-de-sacs in a development like this, and given the way the lakeshore is, it makes it difficult to carve up the lots without a road going in there, which will have a lot of impact. McMillan commented she cannot get comfortable with the current design and that she would encourage them to stay with the two acre lots. McMillan stated if they want to pursue an RPUD, she would encourage them to bring it back as a sketch plan. McMillan stated they are right about clustering on the south and west sections, but given the sensitivity with the creek, they really need to keep this as a two -acre development. McMillan noted two acre sewered properties are very valuable since it allows for more of the property to be used and enjoyed. McMillan stated she appreciates the developer attempting to mitigate the density, but putting a lot of mechanical stormwater equipment makes her nervous since it will need to be maintained properly after the property is developed and the developer is gone. McMillan indicated she would rather have nature make it work. Goodrum stated he appreciates the comments but noted they are looking at an 87 percent improvement in the runoff. Goodrum noted if they went with two acre lots on the entire property, the road would be the same, and that he does not see a lot of change by going with a straight 2 -acre zoning. McMillan stated with an RPUD, they could have bigger lots by the lake and perhaps some smaller lots by Brown Road. McMillan stated they could consider perhaps having some 3 -acre lots by the lake and 1 -acre lots by Brown Road. McMillan stated that would be a way to get rid of the cul-de-sac road. Levang stated it is a beautiful piece of property, but how it is currently laid out seems to be too tight, too clustered, and that in her view a better plan can be created. Levang stated in her view there are better options and that larger parcels are still very highly valued. Levang stated if the entrance into the development consists of the smaller lots, the larger lots may be harder to sell. Levang stated she also is not happy with the rain gardens since most people do not know how to maintain them. Levang noted there are examples in the City where rain gardens have been done and the residents do not realize they require work and regular maintenance. Levang stated she understands they can cover that in their HOA documents, but that there are a lot of rain gardens proposed and that she is not sure the residents are going to do what the developer might think they are going to do. Page 17 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 10, 2016 7:00 o'clock p.m. 11. #16-3855 ERIC AND ANDREA LARSON, 690 BROW ROAD NORTH, SCOTT AND JEANNE MABUSTH, 740 BROWN ROAD NORTH — SKETCH PLAN REVIEW (continued) Levang indicated she is not afraid of new technology but that it would be good to have documentation on how the newer technology has functioned. Levang stated she would like to see more cohesion between the plan and that there seems to be three different areas. Levang stated she likes the fact that when someone drives down Brown Road, they will only see the two monuments and then nothing but trees. Levang stated in her view it would be a good idea to maintain that. Levang stated while it is not a terrible plan, she would like to see a better plan. Goodrum pointed out the green is basically the front yard and the yellow depicts the pervious pavers on the driveway. Goodrum stated even though they have separate colors on the sketch plan, there is a nice cohesiveness to the development and that it will blend into a natural neighborhood. Council Member Cornick stated he is uncomfortable with the density. Matt Duffy pointed out a lot of the technologies that are being proposed are tried and true and are not a shot in the dark. Duffy stated he understands the concern with the rain gardens but that there are cities where they have been implemented and work very well. T Duffy stated the reason why the development is as dense as it is is because the proposed improvements cost money. At the end of the day, when the improvements are done around Dickey Creek, there will be an improvement in the lake water. Duffy stated the density drives those improvements and that they are not asking for anything that is not already in the City's ordinances and that the development is consistent with the area. Duffy stated the property is unique from the standpoint that it provides a very fundamental opportunity to improve the lake water in a cutting-edge way and that it will be an example to other developments on how to improve lake quality. Duffy stated from their perspective, it matches and creates a very cohesive plan with the other neighborhoods and amenities around the site. McMillan stated it appears that the density is the biggest issue. Levang stated she would like to hear from the neighbors on how they feel about the water quality and preserving the character of the land and the neighborhood. McMillan noted once the natural features are preserved, it will change the layout of the lots depending on how extensive the enhancements are. McMillan asked if Staff has had any discussions with the Watershed District regarding this development. Gaffron stated he had a phone call with the Watershed District this afternoon and that they indicated they have not visited the site and have not really had any discussions with the applicant. Gaffron stated a notice of decision has not yet been submitted and his understanding is that the Watershed District has not done much analysis of the property. Page 18 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 10, 2016 7:00 o'clock p.m. 11. #16-3855 ERIC AND ANDREA LARSON, 690 BROW ROAD NORTH, SCOTT AND JEANNE MABUSTH, 740 BROWN ROAD NORTH — SKETCH PLAN REVIEW (continued) Gaffron stated it is possible they could have had discussions in the far past with the applicant but that he got the impression that the Watershed District has not had an opportunity to really visit the site. McMillan stated on the Lakeview development, it was very beneficial to have the Minnehaha Creek Watershed District involved right from the start and that is something that should be pursued with this development since it is really hard to come in after houses are built to add stormwater improvements. McMillan noted the City did give some credit on Lakeview for the enhancements and that she would encourage the developer to reach out to the Watershed District in the near future. McMillan stated based on the comments so far, she does not see the Council being in favor of this plan, but that she would ask for any additional comments from the neighbors that have not already been discussed. Tim Adams, 1810 West Farm Road, stated he moved to his property 47 years ago. At that time the area had hills, woods, streams, and wetlands, which are all the characteristics that are unique to Orono. Adams stated the applicants are blessed with the same topography. Adams stated the concern with Long Lake is not unique and that he can remember sitting and worrying about water quality, stormwater runoff, and how it should be handled. In 1974, Adams indicated he became the developer of the farm along with John Hartwell. At that time they had two objectives: One was to preserve the natural features but also to live within the existing zoning and Comprehensive Plan of Orono, which basically required two acre lots and open spaces. Sewer was an important guide to that but it was not the only reason for two acres. Adams stated 42 years later, he believes they have had a successful development. They created 24 lots on 70 acres, which is over three acres per lot. Adams stated someone could say he was not too profitable, but that is what it takes. Each lot has a conservation easement and there were no changes to Orono's Comprehensive Plan, zoning or city ordinances. In addition, Long Lake was protected with ponds and streams and the open spaces and views were protected. Adams stated they met the standards for private septic systems required for rural areas and since that time three of the lots along the lakeshore have bought some of the extra sewer units. Adams stated from 1979 to 1986, he served on the Planning Commission and City Council for Orono, and the benefit of that was to see enforcement of these principles. Adams stated in the Power Point presentation they submitted, they took 52 lots that add up to approximately 180 acres that were developed in those neighborhoods. Those properties include lots in Homestead, Salem Court, Dickey Lake, Shadow Wood and other properties along Brown Road North. The average size of those lots is approximately 3.5 acres. Adams stated with this sketch plan there are really two development concepts. The first concept is one that they could come to love as a neighborhood, which is six lots on 10.9 acres or one unit per 1.8 acres. Adams stated he sees in this plan a lot of things that he and Jeanne Mabusth worked on while they served on the Planning Commission, which was to protect the wetlands, creation of buffer lots, which are the two acre lots, protection for the neighborhood, and protection of the lake. Page 19 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 10, 2016 7:00 o'clock p.m. 11. #16-3855 ERIC AND ANDREA LARSON, 690 BROW ROAD NORTH, SCOTT AND JEANNE MABUSTH, 740 BROWN ROAD NORTH — SKETCH PLAN REVIEW (continued) Adams noted the developer is proposing to use city sewer and stormwater management, which is a good idea. Adams stated there are a lot of good things about that first concept and helps create a buffer around the edge. Adams stated the balance of the property has higher density, with 19 lots on 10 buildable acres, which is 1.9 units per acre. Adams noted that is not rural density. By the consultant's own calculations, half the property will have one house per two acres. The other half will have two hours per one acre. Adams noted that is four times the density allowed and not twice the density. Adams commented half of the project is great but the other half is not characteristic of Orono. Adams stated this is not the type of neighborhood they have lived in for 47 years or any of the other nearby residential developments. Adams stated the only way the developer can meet the rules is to change the rules and the neighborhood does not think the rules should be changed. Adams stated the neighbors would like to keep the 2 -acre lot sizes and that they would ask the City Council to give direction to the property owners to live within Orono's existing zoning and Comprehensive Plan requirements. There were no further public comments. Gaffron noted as a sketch plan, no formal vote is required by the City Council. Gaffron indicated the applicants may go ahead with a formal preliminary plat application but that it appears the City Council felt there needs to be something different than what is currently reflected on the plan. Gaffron stated the applicants are able to propose something different and bring it back as a sketch plan if they choose. (Recess taken from 8:56 p.m. to 9:05 p.m.) 12. #16-3865 CITY OF ORONO TEXT AMENDMENT RELATED TO APPEALS AND APPEAL TIMELINESS — ORDINANCE NO. 178 Community Development Director Barnhart noted this was reviewed as a housekeeping measure back in August. The ordinance consolidates the appeal process as well as adds a timeline for when an appeal is made. Under the proposed language, a person would have ten days to appeal a decision. Currently there is no timeline for when an appeal can be made. Staff and Planning Commission recommend approval of the ordinance. McMillan asked what the appeal fee is. Barnhart indicated it is included in the City's Fee Schedule, which is reviewed on an annual basis. Walsh stated typically when language is drafted, there is an affirmative as well as a negative. Walsh noted the language states that an appeal must be filed no later than ten days after the decision, and that he would add the language stating, or you lose your right to appeal. Walsh stated there is currently nothing that actually states that. Walsh noted that would encompass Section 1, Section 3B, Section 4A, Section 10, Section 13B, Section 82-51, Subsection 1 and Subsection 2. Page 20 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 10, 2016 7:00 o'clock p.m. 12. #16-3865 CITY OF ORONO TEXT AMENDMENT RELATED TO APPEALS AND APPEAL TIMELINESS — ORDINANCE NO. 178 (continued) Mattick indicated Staff can add that provision, which is if an appeal is not filed within ten days, a person would lose their right to appeal. Barnhart stated the appeals are based on a formal application and a formal written denial. For an issue where Staff denies a permit, that is usually written into the denial document and the applicant is provided that information. McMillan asked if it is the same fee on every type of appeal. Barnhart stated they are all established by the Council and that there is currently a $50 fee for administrative appeals. Barnhart noted appeals of a zoning decision are more than that but that he does not have that information in front of him tonight. McMillan asked whether decisions of the board on appeals are binding. Barnhart stated the applicant may appeal a decision of the board or Staff to the City Council, but that they would need to file that appeal within ten days. Printup moved, Walsh seconded, to adopt ORDINANCE NO. 178, Third Series, an Ordinance Amending the City Ordinance Pertaining to Filing of Administrative, Zoning, and Subdivision Appeals, with the clarification that if an appeal is not filed within ten days, a person would lose their right to appeal. VOTE: Ayes 5, Nays 0. MAYOR/COUNCIL REPORT Walsh commented the Long Lake Fire Department event was a good time and that there was music, food, and different activities for the kids. Walsh stated the second item he would like to raise is a little more serious and that he would like to get a consensus of the City Council. Walsh stated it has come to his attention that an appointee of the Council, Gabriel Jabbour, who has been at the podium a number of times and has constantly attacked him, has gone on a personal attack against him by name calling to some senior staff of Orono. Walsh stated if someone is an appointee of Orono, that is a privilege and not a right and that they should be holding her or himself out as someone who is representing the City. Walsh stated conduct unbecoming, such as that person calling him a criminal or anybody else on this Council or other City Staff is inappropriate. Walsh stated he would like included on the next Council agenda in October a discussion about the removal of Gabriel Jabbour as Orono's LMCD representative based on conduct unbecoming of an appointee of the City Council. Page 21 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 10, 2016 7:00 o'clock p.m. MAYOR/COUNCIL REPORT (continued) McMillan noted there have been a lot of personal attacks going back and forth. McMillan stated Gabriel Jabbour is a former mayor of Orono, a former council member and a former Planning Commissioner and that he has put a lot of effort into the City. McMillan stated Mr. Jabbour is very passionate about his views. McMillan stated while Council Member Walsh may be coming at this as something personal to him, she also has been feeling personally attacked. McMillan stated she has seen on Council Member Walsh's Facebook page where he is calling her a queen who dictates whatever at her whim. McMillan stated she also has read on social media where Council Member Walsh is disparaging her. McMillan stated the personal stuff has been going on for a while, but that now it is coming at him, all of a sudden he wants to do something about it. McMillan stated Gabriel Jabbour has done an excellent job as LMCD representative and that she is not in favor of removing him. Walsh stated he can appreciate the fact that he is an elected official and not an appointee. Walsh stated he is talking specifically about an appointee that reports to the Council who goes to a senior level person in the City and calls him a criminal. Walsh stated that person has told other people the same thing and that in his view it is not something that can be condoned as a Council or by any senior staff that would have that happen to them by an appointee that represents the City. Walsh stated if Mayor McMillan does not agree that that is a problem, that is her right, but that he is bringing it up because he believes it is a problem. Walsh stated he would care if someone said it about Mayor McMillan, Council Members Printup or Cornick, and that an appointee of the City should not be disrespectful. Walsh questioned where it would end if they cannot get respect from an appointee, and that in his view it needs to come to a discussion so the Council can vote on it. Levang noted Council Member Walsh has said to her in this room that a certain vote was a chicken shit vote, which is unreasonable. Levang stated Council Member Walsh now expects her to take a personal issue that he has with Gabriel Jabbour and make it the business of the City. Levang noted Council Member Walsh has also said disparaging things to Council Member Cornick and called his votes tainted and has disparaged City Engineer Adam Edwards. Levang stated they have all taken that from Council Member Walsh, but because Mr. Jabbour has allegedly said something outside of this chamber about Council Member Walsh, he now wants to vilify him. Levang stated that is his personal issue and he should handle it personally and not bring it into this room. Walsh stated the problem is that he did not bring it into this room but that it was brought into the room. Levang stated it was brought up by him. McMillan stated he does not know if he has consensus for his request. Cornick stated they are elected officials, and given that position, they should expect to sit up at the dias and take everything they get from any direction. Cornick commented it is part of their job, and that if someone disagrees or does not like him, he has thick skin. Cornick stated he does not feel it is a reason to retaliate against someone. Page 22 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 10, 2016 7:00 o'clock p.m. MAYOR/COUNCIL REPORT (continued) Walsh stated this has nothing to do with retaliation and that he takes offense if that is what he thinks is going on here. Walsh indicated he is talking about the body of the City Council and that in his view an appointee disparaging someone on the City Council to a senior staff person is inappropriate. Walsh stated if the Council does not think that is a problem, they should go on the record stating that it is not a problem. Walsh stated if someone did it who was an employee of his, they would be fired right away. Walsh stated he is bringing it forward because it is conduct unbecoming of an appointee. Cornick stated in fairness to Gabriel Jabbour, he was not acting as the City's appointee but was acting as a citizen of Orono and that he talked during the public comment section of the agenda. Walsh stated he is talking about comments he made to the fire chief where he was speaking about a specific issue dealing with the fire boat. Walsh stated Gabriel Jabbour stated to the fire chief that if he gets in bed with Denny Walsh, he is getting in bed with a criminal, which is conduct unbecoming of an appointee of the City. Walsh stated that does not show that he is respectful of the Council or that he is representative of the City of Orono. Levang questioned Council Member Walsh's behavior and the way he has treated other members of the Council. Levang stated there are also comments that he has written about the Mayor. Walsh stated he cannot help their votes or the fact that he feels they have made poor choices on their votes. McMillan noted Council Member Walsh does not have consensus and that the Council will move on. Levang reported the Park Commission met last week to prioritize their work for 2017 and that they will be making a presentation about that soon to the City Council. Levang stated the Navarre Initiative met last week to wrap up their work on the Navarre Festival and that they are continuing to receive positive feedback about the event. The festival also received very good coverage in the newsletter. Printup commented the Long Lake Fire Department Block Party was a successful event and lots of fun. Printup noted starting next week there could be some congestion along Old Crystal Bay Road due to the work that will be done on the bypass. Printup stated he would encourage an increased police presence as well as carpooling. Walsh stated he would like to express his condolences and best wishes to Jim Anderst, the owner of the Narrows in Navarre, who recently suffered a bad motorcycle crash. Walsh stated he would like to wish him a speedy recovery. McMillan stated she has been thinking about the sketch plan process and that in her view the City should look at the process in November at the joint work session and have Staff research how other cities handle sketch plans. McMillan stated one option is to maybe send out a postcard with an e-mail address where members of the public can send comments. McMillan stated with developments where there is a radical change being proposed, the neighborhood would like to be able to provide input. Page 23 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 10, 2016 7:00 o'clock p.m. MAYOR/COUNCIL REPORT (continued) McMillan stated she can understand the idea of giving the developer a chance to present their idea without having a lot of interference from the neighborhood but that it is a big thing for the residents and they would like to be heard. McMillan stated another option would be to erect a sign up along the road saying sketch plan proposal. McMillan stated she would like the City to take a look at that in November and what other cities are doing. McMillan stated as more and more of these developments come up and the proposals are radically different from what the property is zoned for, the City should perhaps have a more inclusive approach right from the get -go. CITY ADMINISTRATOR'S REPORT 13. AGENDA TOPICS OR REQUESTS City Administrator Loftus stated she added this item on the agenda because it has come up as a concern or a question from time to time as to how items get included on the City Council agenda. Loftus stated if the Council is unsatisfied with how it is currently being handled, there are a few options to discuss, such as adding a new business section or discussing how to use the mayor/council reports. Loftus noted this is not really an action item for the Council but that Staff is looking for some direction on how they would like to proceed. Levang suggested discussing this item in a work session. Levang recommended Staff provide some history and background on what happens in other cities and what Staff feels is best for their work load. McMillan stated she is okay with adding a new business section toward the end of the agenda. Printup commented that is not too unusual. Levang stated she would like to see some parameters placed around that and that it is helpful to have a Staff report on the item. McMillan stated in the past under mayor/council report they attempted to try to get a consensus without a formal vote. McMillan stated since they have been struggling with that, a new business section would be a way to formalize it but that she would like to ensure it does not become any council member's special project list. Printup stated what he has struggled with is trying to get clear direction on how someone can raise a topic for future discussion. Printup stated he is looking for a place to talk about something to give it that starting point but that it does not necessarily need to be in the form of a motion. Printup stated it could be a consensus to discuss it further in the near future and then everyone will know whether there is going to be a discussion on it in the future. McMillan stated some parameters on a new business section would help to keep it from becoming political and also prevent someone from forcing a vote that same night or requiring Staff to change their work load in order to deal with it right away. Page 24 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 10, 2016 7:00 o'clock p.m. 13. AGENDA TOPICS OR REQUESTS (continued) Walsh stated he does not have a problem with the new business section but that he is wondering whether there should be any limitations on it. Walsh stated he does not want to put any limitations on the minority to have those votes if they feel it is necessary. Loftus stated a new business section is not an uncommon thing on agendas but that the definition of routine does not always fit when there is a split council. Loftus stated the Council can definitely talk about it at a work session if that is what they would like to do and that she knows it has been a regular discussion item from individual council members. Mattick stated every city does it differently and that sometimes there is new business at the end where the Council can vote or there is direction to have Staff put it on the agenda when they can. Mattick stated how much feedback is needed from Staff or how much work is involved will impact the turnaround time. Printup stated in his view it is a good start. Loftus asked if the Council would like to start out by adding a new business section to the work session agendas. Printup commented that might be a good idea. Loftus stated that would allow the Council and Staff to develop some parameters first before placing it on the regular City Council agenda. Walsh stated that would still limit his ability to make a motion during the mayor/council report and that it would be limiting their ability to talk about subjects that might be important. McMillan stated if the Council does this, she would like them all to agree that this is not going to become a political wedge between the majority of the council and the minority in order to get votes on the record. McMillan stated if they are going to bring up new ideas, that's fine, but that they should try not to drop a bombshell and put people on the spot by requiring them to make a decision immediately. McMillan stated she would like it to be a respectful process and that she wants to work as a team. Loftus stated some of the items brought up do not rise to a priority level and that it would be important at the goal setting meeting at the beginning of the year that the Council come to those decisions together. Loftus stated those priorities give the Council a plan for the year and she hopes the Council continues with that. Printup stated discussing new business at the work session is a good start. Walsh stated having it as a specific topic at a work session is fine but that he does not want to limit what can be done at a City Council meeting. McMillan stated it is how something is presented to fellow Council Members. McMillan noted she has been in the minority in the past on the Council but the idea of using some type of vehicle in which to force votes to create a record is not respectful of the process. Page 25 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, October 10, 2016 7:00 o'clock p.m. 13. AGENDA TOPICS OR REQUESTS (continued) Walsh stated it is the process. McMillan stated it depends where on the agenda the motions are brought up. McMillan noted until recently the Council did not make motions during the mayor/council report. McMillan stated to her recollection a motion was brought up once in 2011 but that it was not a routine thing. McMillan stated she would like everyone to be respectful of the process and be team members. Walsh stated it is all part of the process and that she should not be trying to dictate what the process should be. Walsh stated the process works. Levang stated she would disagree that the process is working. Cornick stated he does not think the Council should do anything until 2017. McMillan stated she is okay with waiting as well. Loftus stated Staff will place this on the October work session agenda. *14. APPOINTMENT OF ACCOUNTANT Levang moved, Printup seconded, to approve the appointment of Danielle Amira to the position of accountant at the starting step of Level 10 of the pay scale with a starting date of October 17. VOTE: Ayes 5, Nays 0. *15. CLAIMSBILLS Levang moved, Printup seconded, to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. CITY ATTORNEY'S REPORT City Attorney Mattick reported the judge ruled in favor of the City in the fence viewer litigation and that he has received a notice of appeal regarding the awarding of attorney fees to the City for the original windmill lawsuit. Mattick indicated he will file a response when appropriate. ADJOURNMENT Levang moved, Printup seconded, to adjourn the Orono City Council meeting at 9:30 p.m. VOTE: Ayes 5, Nays 0. ATTEST Diane Tiegs, City Clerk Lili Tod McMillan, Mayor Page 26 of 26 Department Approval: Name Ron Olson Title Finance Director REQUEST FOR COUNCIL ACTION Administrator Reviewed: Y"-4 DATE: September 24, 2016 ITEM NO: 3 Agenda Section: City Administrator's Report Item Description: Sale of General Obligation Refunding Bonds Series 2016A Attachments: Resolution Awarding Sale of General Obligation Bonds, Series 2016A On September 12, 2016 the Council adopted a resolution calling for the sale of $2,800,000 of General Obligation Refunding Bonds, Series 2016A. The issuance of the refunding bonds is estimated to save the City $200,000 in interest expenditures over the next six years. Ehlers Inc., the City's bond consultant, has received and reviewed proposals for the purchase of the bonds. Nick Anhut from Ehlers will provide a recommendation regarding the award of the bond sale at the Council meeting. A draft resolution awarding the sale of General Obligation Improvement Refunding Bonds is attached for Council consideration. The final resolution, reflecting the actual bids and the bond consultant's recommendation, will be provided at the Council meeting. COUNCIL ACTION REQUESTED: Motion to adopt a resolution providing for the award of the sale of General Obligation Refunding Bonds, Series 2016A. Extract of Minutes of Meeting of the City Council of the City of Orono Hennepin County, Minnesota Pursuant to due call and notice thereof, a meeting of the City Council of the City of Orono, Minnesota, was duly held at the City Hall in the City, on Monday, October 24, 2016, at 7:00 P.M. The following members were present: Mayor Lili Tod McMillan, Council Members Jim Cornick, Jr., Lizz Levang, Aaron Printup, and Dennis Walsh and the following were absent: None The Mayor announced that the meeting was convened for the purpose of considering proposals for the purchase of $2,795,000 General Obligation Street Reconstruction Refunding Bonds, Series 2016A. The Finance Director then presented the proposals received prior to 11:00 o'clock A.M. pursuant to the Terms of Proposal for the General Obligation Street Reconstruction Refunding Bonds, Series 2016A. These were examined and found to be as follows: (See Attached). Council Member Levang introduced the following written resolution and moved its adoption: RESOLUTION NO. 6684 RESOLUTION AWARDING SALE OF $2,795,000 GENERAL OBLIGATION STREET RECONSTRUCTION REFUNDING BONDS, SERIES 2016A, FIXING THE FORM AND SPECIFICATIONS THEREOF, PROVIDING FOR THEIR EXECUTION AND DELIVERY, AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED by the City Council of the City of Orono, Minnesota, as follows: 1. The proposal of (the "Purchaser") to purchase the $2,795,000 General Obligation Street Reconstruction Refunding Bonds, Series 2016A of the City is hereby found and determined to be the best proposal received pursuant to the Terms of Proposal, and shall be and is hereby accepted, said offer being to purchase Bonds bearing interest according to year of maturity as follows: Maturity (February 1) Interest Rate 2018 2019 2020 Maturity (February 1) Interest Rate 2021 2022 2023 at a price of $ plus accrued interest. The sale is being conducted with the assistance of Ehlers and Associates, Inc., independent financial advisors. 2. To provide funds to finance the refunding of outstanding General Obligation Street Reconstruction Bonds, Series 2008A maturing in the years 2018 to 2023 (the "Refunded Bonds"), the City hereby determines that it is necessary and expedient to issue its negotiable General Obligation Street Reconstruction Refunding Bonds, Series 2016A (the "Bonds") in the aggregate principal amount of $2,795,000, dated November 17, 2016. The Bonds shall bear interest at the rates above set forth, computed on the basis of a 360 -day year of twelve 30 -day months, payable August 1, 2017, and semiannually thereafter on February 1 and August 1 in each year, and shall mature serially on February 1 in the years and amounts as follows: Year Amount 2018 $245,000 2019 495,000 2020 505,000 Year Amount 2021 $510,000 2022 515,000 2023 525,000 without option of prior payment. The Bonds shall be numbered R-1 upwards in order of issuance or in such other order as the Registrar may determine and shall be in the denomination of $5,000 each or any integral multiple thereof not exceeding the amount maturing in any year. 2 SALE RESOLUTION 3. The Bonds, the Registrar's Authentication Certificate and the form of assignment shall be in substantially the following form: No. Interest Rate Registered Owner: Principal Amount: UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ORONO GENERAL OBLIGATION BOND, SERIES 2016A Maturity Date of Original Issue November 17, 2016 CUSIP The City of Orono, Hennepin County, Minnesota, for value received, hereby promises to pay to the Registered Owner specified above, or registered assigns, without option of prior payment, the Principal Amount specified above on the maturity date specified above, upon the presentation and surrender hereof, and to pay to the Registered Owner hereof interest on such Principal Amount at the Interest Rate specified above from November 17, 2016, or the most recent interest payment date to which interest has been paid or duly provided for as specified below, on February 1 and August 1 of each year, commencing August 1, 2017, until said principal amount is paid. Principal is payable in lawful money of the United States of America at the office of Bond Trust Services Corporation in Roseville, Minnesota, as Bond Registrar or of its successor as Bond Registrar designated by the City upon 60 days' notice to the registered owners at their registered addresses. Interest shall be paid on each February 1 and August 1 interest payment date by check or draft mailed to the person in whose name this Bond is registered at the close of business on the 15th day of the month preceding each interest payment date (whether or not a business day) at said person's address set forth on the registration books maintained by the Bond Registrar. Any such interest not punctually paid or provided for will cease to be payable to the owner of record as of such regular record dates and such defaulted interest may be paid to the person in whose name this Bond shall be registered at the close of business on a special record date for the payment of such defaulted interest established by the Bond Registrar. During such time as this Bond is registered in the name of Cede & Co., as nominee of The Depository Trust Company ("DTC"), the method of payment, notice of redemption and certain other matters are subject to the terms of a Blanket Letter of Representations executed by the City and DTC prior to the date of issuance of the Bonds as such Blanket Letter of Representations may be amended from time to time. This Bond is one of an issue of Bonds in the aggregate principal amount of $2,795,000, all of like date and tenor except as to maturity and interest rate, issued pursuant to and in full 3 SALE RESOLUTION conformity with the Constitution and Laws of the State of Minnesota, including Minnesota Statutes, Section 475.67 and Chapter 475, for the purpose of refunding certain outstanding bonds of the City, payable from direct annual ad valorem taxes levied under the Resolution described below, but this Bond constitutes a general obligation of the City and to provide moneys for the prompt and full payment of said principal and interest as the same become due the full faith and credit of the City is hereby irrevocably pledged, and the City will levy ad valorem taxes on all taxable property in the City, if required for such purpose, without limitation as to rate or amount. This Bond is transferable, as provided by the Resolution of the City Council authorizing the issuance of the Bonds of this series adopted October 24, 2016 (the "Resolution"), only upon books of the City kept at the office of the Bond Registrar by the Registered Owner hereof in person or by the Registered Owner's duly authorized attorney, upon surrender of this Bond for transfer at the office of the Bond Registrar, duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Bond Registrar duly executed by, the Registered Owner hereof or the Registered Owner's duly authorized attorney, and, upon payment of any tax, fee or other governmental charge required to be paid with respect to such transfer, one or more fully registered Bonds of the series of the same principal amount, maturity and interest rate will be issued to the designated transferee or transferees. The Registered Owner of this Bond may be treated as the absolute owner hereof for all purposes. The Bonds of this series are issuable only as fully registered bonds without coupons in denominations of $5,000 or any integral multiple thereof not exceeding the principal amount maturing in any one year. As provided in the Resolution and subject to certain limitations therein set forth, the Bonds of this series are exchangeable for a like aggregate principal amount of Bonds of this series of a different authorized denomination, as requested by the Registered Owner or the owner's duly authorized attorney upon surrender thereof to the Bond Registrar. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed precedent to and in the issuance of this Bond have been done, have happened and have been performed in regular and due form, time and manner as required by law and that this Bond, together with all other indebtedness of the City outstanding on the date of its issuance, does not exceed any constitutional or statutory limitation of indebtedness. This Bond shall not be valid or become obligatory for any purpose until the Certificate of Authentication and Registration hereon shall have been signed by the Bond Registrar. 4 SALE RESOLUTION IN WITNESS WHEREOF, the City of Orono, Minnesota, by its City Council, has caused this Bond to be executed in its behalf by the facsimile signature of the Mayor and by the facsimile signature of the City Clerk, all as of the Date of Original Issue specified above. Mayor City Clerk CERTIFICATE OF AUTHENTICATION AND REGISTRATION This is one of the Bonds described in the within mentioned Resolution and this Bond has been registered as to principal and interest in the name of the Registered Owner identified above on the registration books of the City of Orono, Minnesota. Dated: 5 BOND TRUST SERVICES CORPORATION, Bond Registrar IRA Authorized Signature SALE RESOLUTION ASSIGNMENT FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto (Please Print or Typewrite Name and Address of Transferee) the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: Please Insert Social Security Number or Other Identifying Number of Assignee Signature Guaranteed: Signatures must be guaranteed by a national bank or trust company or by a brokerage firm having membership in one of the major stock exchanges. Notice: The signature to this assignment must correspond with the name as it appears on the face of this Bond in every particular, without alteration or any change whatever. 4. The Bonds shall be payable upon presentation at the office of Bond Trust Services Corporation in Roseville, Minnesota, as Registrar and Paying Agent, or at the offices of such other successor agents as the City may hereafter designate upon 60 days' mailed notice to the registered owners at their registered addresses. Interest shall be paid by check or draft of the Registrar mailed to the registered owners at their addresses shown on the registration books on each interest payment date unless other arrangements satisfactory to the Bond Registrar the City and the registered owners of Bonds are made. The City shall deposit funds with the Bond Registrar at the time and in the manner necessary to provide for the full and prompt payment of such principal and interest. 5. The Bonds shall be prepared in typewritten or printed form under the direction of the City Clerk and when so prepared shall be executed on behalf of the City by the facsimile signature of the Mayor and by the facsimile signature of the City Clerk. The Bonds shall not be valid for any purpose until authenticated by the Bond Registrar. The Bond Registrar is authorized and directed to register the Bonds initially issued hereunder in such names as the purchaser may direct. The Bonds initially issued hereunder shall be registered as of November 17, 2016, or other date of delivery, and all Bonds issued in exchange therefor shall be registered as of such date, or, if issued after the first payment date, as of the most recent interest payment date on which interest was paid or duly provided for. When the Bonds shall have been so prepared and executed, they shall be delivered by the Finance Director in exchange for the purchase price and upon receipt of the signed legal opinion of Faegre Baker Daniels LLP, as Bond Counsel, and the purchaser shall not be required to see to the proper application of the proceeds. 6 SALE RESOLUTION 6. (a) For purposes of this paragraph 6, the following terms shall have the following meanings: "Beneficial Owner" shall mean, whenever used with respect to a Bond, the person recorded as the beneficial owner of such Bond by a Participant on the records of such Participant, or such person's subrogee. "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Bonds. "DTC" shall mean The Depository Trust Company, New York, New York. "Participants" shall mean those broker-dealers, banks and other financial institutions for which DTC holds Bonds as securities depository. "Representation Letter" shall mean the Blank Letter of Representations from the City to DTC, with respect to obligations issued from time to time by the City, substantially in the form on file in the office of City Clerk. (b) The Bonds shall be initially issued as separate authenticated fully registered bonds, and one Bond shall be issued in the principal amount of each stated maturity of the Bonds. Upon initial issuance, the ownership of such Bonds shall be registered in the bond register of the City kept by the Registrar in the name of Cede & Co., as nominee of DTC. The Registrar and the City may treat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment of the principal of or interest on the Bonds, selecting the Bonds or portions thereof to be redeemed, giving any notice permitted or required to be given to registered owners of Bonds under this Resolution, registering the transfer of Bonds, and for all other purposes whatsoever; and neither the Registrar nor the City shall be affected by any notice to the contrary. Neither the Registrar nor the City shall have any responsibility or obligation to any Participant, any person claiming a beneficial ownership interest in the Bonds under or through DTC or any Participant, or any other person which is not shown on the registration books of the Registrar as being a registered owner of any Bonds, with respect to the accuracy of any records maintained by DTC or any Participant, with respect to the payment by DTC or any Participant of any amount with respect to the principal of or interest on the Bonds, with respect to any notice which is permitted or required to be given to owners of Bonds under this Resolution, with respect to the selection by DTC or any Participant of any person to receive payment in the event of a partial redemption of the Bonds, or with respect to any consent given or other action taken by DTC as registered owner of the Bonds. The Registrar shall pay all principal of and interest on the Bonds only to Cede & Co. in accordance with the Representation Letter, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and interest on the Bonds to the extent of the sum or sums so paid. No person other than DTC shall receive an authenticated Bond for each separate stated maturity evidencing the obligation of the City to make payments of principal and interest. Upon delivery by DTC to the Registrar of 7 SALE RESOLUTION written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the Bonds will be transferable to such new nominee in accordance with subparagraph (f) hereof. (c) In the event the City determines that it is in the best interest of the Beneficial Owners that they be able to obtain Bond certificates, the City may notify DTC and the Registrar, whereupon DTC shall notify the Participants, of the availability through DTC of Bond certificates. In such event, the Bonds will be transferable in accordance with subparagraph (f) hereof. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and the Registrar and discharging its responsibilities with respect thereto under applicable law. In such event the Bonds will be transferable in accordance with subparagraph (f) hereof. (d) Notwithstanding any other provision of this Resolution apparently to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to the principal of and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, to DTC as provided in the Representation Letter. (e) The Representation Letter to DTC is hereby confirmed and expressly made applicable to the Bonds. The Representation Letter sets forth certain matters with respect to, among other things, notices, consents and approvals by registered owners of the Bonds and Beneficial Owners and payments on the Bonds. The Registrar shall have the same rights with respect to its actions thereunder as it has with respect to its actions under this Resolution. (f) In the event that any transfer or exchange of Bonds is permitted under subparagraph (b) or (c) hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar from the registered owners thereof of the Bonds to be transferred or exchanged and appropriate instruments of transfer to the permitted transferee in accordance with the provisions of paragraph 7 hereof. 7. As long as any of the Bonds issued hereunder shall remain outstanding, the City shall maintain and keep at the office of the Bond Registrar an office or agency for the payment of the principal of and interest on such Bonds, as in this Resolution provided, and for the registration and transfer of such Bonds, and shall also keep at said office of the Bond Registrar books for such registration and transfer. Upon surrender for transfer of any Bond at the office of the Bond Registrar with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or the owner's duly authorized attorney, and upon payment of any tax, fee or other governmental charge required to be paid with respect to such transfer, the City shall execute and the Bond Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more fully registered Bonds of the same series, of any authorized denominations and of a like aggregate principal amount, interest rate and maturity. The Bonds, upon surrender thereof at the office of the Bond Registrar, may, at the option of the registered owner thereof, be exchanged for an equal aggregate principal amount of Bonds of the same maturity and interest rate of any authorized denominations. In all cases in which the privilege of exchanging Bonds or transferring fully registered Bonds is exercised, the 8 SALE RESOLUTION City shall execute and the Bond Registrar shall deliver Bonds in accordance with the provisions of this Resolution. For every such exchange or transfer of Bonds, whether temporary or definitive, the City or the Bond Registrar may make a charge sufficient to reimburse it for any tax, fee or other governmental charge required to be paid with respect to such exchange or transfer, which sum or sums shall be paid by the person requesting such exchange or transfer as a condition precedent to the exercise of the privilege of making such exchange or transfer. Notwithstanding any other provision of this Resolution, the cost of preparing each new Bond upon each exchange or transfer, and any other expenses of the City or the Bond Registrar incurred in connection therewith (except any applicable tax, fee or other governmental charge) shall be paid by the City. The City and the Bond Registrar shall not be obligated to make any such exchange or transfer of Bonds during the fifteen (15) days next preceding the date of redemption in the case of a proposed redemption of Bonds or to make any transfer during the fifteen (15) days next preceding any February 1 or August 1 interest payment date. 8. Interest on any Bond which is payable, and is punctually paid or duly provided for, on any interest payment date shall be paid to the person in whose name that Bond (or one or more Bonds for which such Bond was exchanged) is registered at the close of business on the 15th day of the month preceding such interest payment date. Any interest on any Bond which is payable, but is not punctually paid or duly provided for, on any interest payment date shall forthwith cease to be payable to the registered holder on the relevant regular record date solely by virtue of such holder having been such holder; and such defaulted interest may be paid by the City in any lawful manner, if, after notice given by the City to the Bond Registrar of the proposed payment pursuant to this paragraph, such payment shall be deemed practicable by the Bond Registrar. Subject to the foregoing provisions of this paragraph, each Bond delivered under this Resolution upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond and each such Bond shall bear interest from such date that neither gain nor loss in interest shall result from such transfer, exchange or substitution. 9. As to any Bond, the City and the Bond Registrar and their respective successors, each in its discretion, may deem and treat the person in whose name the same for the time being shall be registered as the absolute owner thereof for all purposes and neither the City nor the Bond Registrar nor their respective successors shall be affected by any notice to the contrary. Payment of or on account of the principal of any such Bond shall be made only to or upon the order of the registered owner thereof, but such registration may be changed as above provided. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. 10. There is hereby created a special fund, to be known as the General Obligation Street Reconstruction Refunding Bonds of 2016A Fund, for purpose of paying principal and interest on the Bonds, and in the event the principal of and interest upon the said Bonds shall become due and payable and there are insufficient moneys in said fund to pay such principal and interest, the City Treasurer is authorized and directed to pay said principal and interest from the general fund and thereafter to reimburse said general fund from collections of taxes levied pursuant hereto. The taxes levied hereby irrevocably appropriated and pledged to the payment of principal of and interest on the Bonds herein authorized, and the moneys and investments in the General Obligation Street Reconstruction Refunding Bonds of 2016A Fund shall be used for no 9 SALE RESOLUTION other purpose than to pay principal and interest on the Bonds until such principal and interest shall have been paid in full. The City Treasurer may create separate accounts within the General Obligation Street Reconstruction Refunding Bonds of 2016A Fund for any capitalized interest. 11. To provide for the CIP Portion, there is hereby levied upon all the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected as part of other general ad valorem taxes of the City in the years and amounts as follows: Lever Collection Year Amount 2016 2017 2017 2018 2018 2019 2019 2020 2020 2021 2021 2022 Said levies shall be irrepealable and the taxes so levied are irrevocably appropriated to the debt service fund, but the City reserves the right to reduce said levy in the manner and to the extent permitted by Minnesota Statutes, Section 475.61. It is hereby found and determined that the estimated collection of direct annual ad valorem taxes will produce at least five percent in excess of the amount needed to meet when due the payments of principal and interest on the Bonds; but the Bonds are general obligations of the City to which the full faith, credit and unlimited taxing powers of the City have been and are hereby pledged; and the City Council shall levy general ad valorem taxes on all taxable property in the City, if necessary, to pay the principal of and interest on the Bonds when due. 12. The City Clerk is authorized and directed to prepare and furnish to the purchaser and to the attorneys approving the Bonds, certified copies of all proceedings and records relating to the issuance of said General Obligation Street Reconstruction Refunding Bonds, Series 2016A and to the right, power and authority of the City and its officers to issue the same, and said certified copies and certificates shall be deemed the representations of the City as to all matters stated therein. 13. The Official Statement relating to the Bonds, on file with the Clerk and presented to this meeting, is hereby approved and its designation as a "near final" Official Statement for purposes of Rule 15c2-12 of the Securities and Exchange Commission and the furnishing thereof to prospective purchasers of the Bonds are hereby ratified and confirmed, insofar as the same relates to the Bonds and the sale thereof. The Continuing Disclosure Certificate included in the Official Statement is hereby approved and shall be executed and delivered in connection with the delivery of the Bonds. The Continuing Disclosure Certificate constitutes a contractual obligation in accordance with its terms. 14. The officers of the City are hereby authorized and directed to prepare and furnish to the Secretary of the Treasury a statement meeting the information reporting requirements of Section 149(e) of the Internal Revenue Code of 1986, as amended (the "Code"), by the 15th day 10 SALE RESOLUTION of the second calendar month after the close of the calendar quarter in which the Bonds are issued. 15. The City shall not take or permit any action that would cause the Bonds to be "private activity bonds" within the meaning of Section 141 of the Code. The City shall comply with the rebate requirements imposed under Section 148(f) of the Code and regulations thereunder, including (if applicable) the requirement to make periodic calculations of the amount subject to rebate thereunder and the requirement to make all required rebates to the United States. The City Clerk of the City is hereby authorized to make on behalf of the City all elections that she may deem necessary and expedient under Section 148 of the Code. In addition, the City shall make no investment of funds that would cause the Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Code and regulations thereunder. All terms used in this paragraph 15 shall have the meanings provided in the Code and regulations thereunder. 16. The Bonds are hereby designated as qualified tax exempt obligations pursuant to Section 265(b)(3) of the Code. 17. The City Clerk shall furnish a certified copy of this resolution to the County Auditor of Hennepin County, and obtain the County Auditor's certificate as required by law. 18. The Refunded Bonds shall be called for prior redemption on or about February 1, 2017, and the Clerk shall give notice thereof as required by law and the terms of the Refunded Bonds. 19. The City hereby authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses to Ehlers & Associates, Inc. on the closing date for further distribution as directed by the Purchaser. The motion for the adoption of the foregoing resolution was duly seconded by Member upon vote being taken thereon the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 11 SALE RESOLUTION STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) SS. CITY OF ORONO ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Orono, Minnesota, hereby certify that I have carefully compared the attached and foregoing extract of minutes of a meeting of the City Council of said City held October 24, 2016, with the original thereof on file and of record in my office and the same is a full, true and complete transcript therefrom insofar as the same relates to the issuance and sale of $2,795,000 General Obligation Street Reconstruction Refunding Bonds, Series 2016A of said City. WITNESS My hand officially and the seal of the City this of October 2016. (Seal) US.108571934.01 City Clerk City of Orono, Minnesota 12 SALE RESOLUTION REQUEST FOR COUNCIL ACTION Date: October 24, 2016 Item No: 4 Department Approval: Administrator Approval: Agenda Section: Name: Ron Olson Y"-4 City Administrator's Title: Finance Director Report Item Description: Public Hearing Regarding the Certification of Delinquent Utilities Attachments: (A) Resolution providing for the collection of delinquent sewer, water, recycling fees, septic program fees. (B) Assessment rolls. Each year the city certifies to the county, all unpaid annual service charges for the septic program, the recycling program, and all delinquent sewer and water accounts of $50.00 or more, to be collected with the following year's taxes. In addition to the outstanding amounts delinquent, eight percent (8%) interest is added to all accounts and an administrative fee of $25.00 is added to all accounts. At this time the total to be assessed is $ 129,210.71. This compares to $119,882.15 in 2015. The amount will be decreased by any payments received up to the final payment date of November 23, 2016. A copy of the assessment roll is attached for your review. State statutes require the City hold a public hearing regarding the assessment of these fees prior to certifying the assessment roll to the County. Notices of the public hearing have been sent to all delinquent properties. The hearing is an opportunity for property owners to ask questions and provide comments regarding the proposed assessment. COUNCIL ACTION REQUESTED: Adoption of the attached resolution providing for the certification of delinquent charges for the 2016 utility service, septic, and the recycling fees. A RESOLUTION FOR THE COLLECTION OF DELINQUENT 2016 WATER AND SEWER UTILITY SERVICE CHARGES, RECYCLING PROGRAM FEES, ON-SITE SEWAGE TREATMENT (SEPTIC) PROGRAM, STORM WATER CHARGES Whereas, the City Council of the City of Orono, Minnesota has enacted Chapter 14 of the Orono City Code which pertains to the payment and collection of water, sewer and storm water charges and annual service charges for recycling, and the on-site sewage treatment (septic) program; and Whereas, the charges identified in the attached list of properties are delinquent in nature; and Whereas, a ten days mailed notice and a published notice of the hearing was given, and the hearing will be held thereon the 24th day of October 2016, at which all persons desiring to be heard are given an opportunity to be heard thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orono as follows: That the Hennepin County Special Assessment Division is hereby authorized to place the delinquent water, sewer and storm water charges and annual service charges for recycling, and the on-site sewage treatment (septic) program, on the 2016 property tax rolls, payable in 2017, at eight percent (8%) per annum, against the specified properties as set forth in the following Exhibits. ADOPTED by the City Council of the City of Orono, Minnesota, and this 24th day of October, 2016. ATTEST: Diane Tiegs, City Clerk Lili McMillian, Mayor Assessment Roll - Delinquent Utility Bills and General Service Charges Pid amount 0511723340010 179.74 0711723440062 179.74 0211723210009 280.77 0611723220019 163.15 0711723440067 172.80 0211723310039 830.23 0611723230004 163.15 0711723440069 126.20 0211723310041 179.74 0611723230016 163.15 0711723440071 156.02 0211723310041 179.74 0611723410047 179.74 0811723210002 372.80 0211723340012 192.91 0611723410049 780.89 0811723230003 570.48 0311723210003 163.15 0611723410106 166.43 0811723230006 570.48 0311723220017 163.15 0611723430005 205.82 0811723230020 830.23 0311723310003 163.15 0711723120006 179.06 0811723330015 179.74 0311723330005 830.23 0711723120027 372.80 0811723330027 830.23 0311723330007 830.23 0711723130095 570.48 0811723330035 794.47 0311723340001 163.15 0711723140018 830.23 0811723330068 179.74 0311723340015 163.15 0711723140020 830.23 0811723330069 371.76 0311723440009 163.15 0711723140023 179.74 0811723330075 218.56 0411723220003 770.01 0711723140052 348.25 0811723340020 159.99 0411723220026 780.89 0711723140062 830.23 0811723340022 481.42 0411723230030 163.15 0711723140065 179.74 0811723340056 179.74 0411723310001 163.15 0711723220016 163.15 0811723340059 781.05 0411723320013 163.15 0711723230031 179.74 0811723430003 550.94 0411723340003 118.15 0711723310008 165.86 0811723440001 780.89 0411723410003 163.15 0711723310023 570.48 0911723320010 179.74 0411723410005 163.15 0711723320056 570.48 0911723330015 358.01 0411723420021 163.15 0711723320061 179.74 0911723330016 830.23 0511723120017 163.15 0711723330004 118.94 0911723410004 830.23 0511723120021 163.15 0711723330005 830.23 1011723120001 163.15 0511723140001 830.23 0711723410006 830.23 1011723240007 372.80 0511723140029 830.23 0711723410066 570.48 1011723240018 169.27 0511723140059 617.48 0711723410086 780.89 1011723240022 777.14 0511723210005 830.23 0711723410095 179.74 1011723310034 830.23 0511723210023 830.23 0711723420023 129.13 1011723310036 257.38 0511723230014 830.23 0711723440011 780.89 1011723310037 830.23 Assessment Roll - Delinquent Utility Bills and General Service Charges 1011723310048 434.94 1711723430020 1,076.49 2011723120017 315.64 1011723310050 830.23 1711723430022 323.20 2011723120021 1,206.38 1011723340008 830.23 1711723430034 1,063.70 2011723120034 90.89 1711723210012 1,858.33 1711723430047 1,682.96 2011723210004 1,200.57 1711723210020 206.36 1711723430057 1,204.57 2011723210021 1,362.50 1711723220003 1,034.69 1711723430058 1,480.14 2011723220002 1,197.39 1711723220025 1,170.37 1711723430065 264.55 2011723220005 1,294.21 1711723220030 810.75 1711723430069 1,138.36 2011723230012 1,253.03 1711723220046 187.72 1711723430074 92.43 2011723240021 151.72 1711723240023 241.39 1711723430087 1,221.77 2011723240038 1,438.47 1711723310019 1,210.09 1711723430090 792.73 2011723240045 1,109.29 1711723310024 259.91 1711723430095 1,093.59 2011723240046 278.48 1711723310030 633.23 1711723430098 361.14 2011723310038 1,117.08 1711723310044 83.34 1711723430107 1,013.40 2011723310050 1,086.23 1711723310047 266.44 1711723430134 282.80 2011723320008 1,662.90 1711723310050 91.38 1711723430137 979.47 2011723320016 1,517.57 1711723340027 209.79 1711723440009 203.54 2011723340003 1,535.59 1711723340034 156.07 1711723440020 544.53 2011723340008 426.44 1711723340039 1,071.34 1711723440029 245.09 2011723430021 256.22 1711723340044 1,443.16 1711723440041 482.74 2011723430022 1,023.18 1711723340049 287.77 1711723440083 1,214.51 2011723430043 957.03 1711723340055 1,140.34 1711723440084 500.00 2011723430049 287.77 1711723340057 643.54 1711723440098 468.89 2011723430052 132.58 1711723410003 241.39 1711723440100 6,751.59 2111723220008 713.58 1711723410025 1,271.06 1711723440100 340.78 2111723220011 165.43 1711723410028 914.89 1711723440100 361.14 2111723230021 1,832.81 1711723430002 276.66 1711723440107 241.39 2111723230030 1,411.17 1711723430005 92.28 1811723310001 128.16 2111723230054 536.09 1711723430011 989.94 2011723110023 1,171.21 2111723240003 245.09 1711723430017 1,269.84 2011723110040 1,039.39 2111723240054 233.98 1711723430019 1,210.37 2011723110041 274.82 2211723130002 128.16 Assessment Roll - Delinquent Utility Bills and General Service Charges 2211723310001 128.16 3211823310001 163.15 2211723310030 128.16 3211823340004 163.15 2211723310032 128.16 3211823420006 163.15 2311723230031 128.16 3211823430008 163.15 2311723320023 128.16 3211823440009 163.15 2611823330005 656.24 3311823110022 344.90 2611823330019 477.55 3311823110024 223.51 2611823330023 830.23 3311823110056 164.09 2611823330024 830.23 3311823130019 2,533.55 2711823310013 163.15 3311823310011 163.15 2711823330017 163.15 3311823410004 163.15 2711823420010 179.74 3311823430004 163.15 2711823430015 163.15 3311823430013 163.15 2711823430018 163.15 3311823440042 163.15 2811823320018 136.78 3411823210010 999.13 2811823420003 163.15 3411823330057 163.15 2911823440002 163.15 3511823220002 570.48 3111823110003 163.15 3511823440004 128.16 3111823120018 163.15 3611823140014 112.11 3111823130012 163.15 3611823330012 173.15 3111823240006 163.15 3611823330020 270.02 3111823240013 163.15 3611823410038 575.58 3111823330005 163.15 3611823410047 238.29 3111823330007 163.15 129,210.71 3111823410005 163.15 3111823410012 163.15 3211823130005 163.15 3211823140001 163.15 3211823230003 163.15 3211823240012 163.15 3211823240013 153.15 REQUEST FOR COUNCIL ACTION DATE: October 24, 2016 ITEM NO: 5 Department Approval: Administrator Reviewed: Name Adam Edwards ATE Y" -/- Title Public Works Director/City Engineer Agenda Section: Public Works Director/ City Engineer's Report Item Description: Kelly Avenue Drainage (Carmen Outlet) Pay Request #2 -Final List of Exhibits A- Recommendation Letter from Bolton & Menk B- Contractor's Pay Request No 2 1. Purpose. Gain Council authorization for Pay Request #2 -Final for the reconstruction of the Kelly Avenue Storm Sewer Outfall Project at Carmen Road. 2. Background. Residents of Kelly Avenue reported excessive flooding in the street during larger rainfall events and are further concerned about the impact of future development on the storm system in the area. In 2014 Bolton & Menk, Inc. was contracted to conduct a drainage analysis and provide recommendations. On May l lth, 2015, the Council authorized the design engineering for the upsizing of the Carmen Bay Outlet. This is the first of three projects aimed at improving the drainage for the Kelly Avenue area. On September 14th, 2015, the City Council awarded the project to Kusske Construction. 3. Status. Kusske Construction has completed the work and has requested payment of $18,929.23. (Exhibit B). Bolton and Menk has reviewed the payment request and confirmed that the work has been completed to standard. The final construction costs do exceed the original contact amount due to the additional work and materials required to address issues discovered as the project progressed. (Exhibit A). 4. Cost. The cost of the project is broken down as listed below: Who Work Cost Bolton &Menk, Inc Design Engineering & Construction Oversight NTE $11,900 Kusske Construction Culvert Construction (Contract Bid) $69,718 Kusske Construction Culvert Construction (Additions) $10,164 TOTAL $91,782 5. Funding. The project is funded from the Storm Water Fund. COUNCIL ACTION REQUESTED: Motion to approve Pay Request No. 2 -Final to Kusske Construction in the amount of $18,929.23 for the reconstruction of the Kelly Avenue Storm Sewer Outfall Project at Carmen Road. BQ LT"ON & M E N K UJI Consulting Engineers & Surveyors 2638 Shadow Lane, Suite 200 - Chaska, MN 55318-1172 Phone (952) 448-8838 - Fax (952) 448-8805 www.bolton-mank.com October 19, 2016 City of Orono Attn: Adam Edwards 2750 Kelley Parkway Orono, MN 55356 RE: Kelly Avenue Storm Sewer Outfall City of Orono Dear Adam: IN Ga Enclosed is Payment Request No. 2 - Final from Kusske Construction for work completed on the Kelly Avenue Storm Sewer Outfall Project through August 31, 2016. As you will note, the final construction costs have exceeded the original contract amount by approximately $10,100. This is mainly due to additional street excavation that was needed due to poor soil conditions and additional bituminous quantities that were needed to match the existing pavement section (approximately 6 inches thick). Extra work also included repairs to a buried downspout pipe that was discovered during construction and rock checks that were installed to address on-going erosion issues on the north side of Carmen Road. We have reviewed the estimate, verified the quantities, and recommend payment in the amount of $18,929.23. Please contact me if you have any questions or need additional information, Sincerely, BOLTON & MENK, INC. ? Ima— David P. Martini Principal Engineer HA0RN01C1311019711 CorreslC_To OthersTay Request No 2-Final.doc DESIGNING FOR A BETTER TOMORROW Bolton & Menk is an equal opportunity employer CONTRACTOR'S PAY REQUEST NO. 2 - FINAL KELLY AVENUE STORM SEWER OUTFALL CITY OF ORONO BMI PROJECT NO. C13.110197 TOTAL AMOUNT BID PLUS APPROVED EXTRA WORK....................................................................... $69,718.00 TOTAL, COMPLETED WORK TO DATE.................................................................................................... $ 79,882.51 TOTAL, STORED MATERIALS TO DATE.................................................................................................. $ - DEDUCTION FOR STORED MATERIALS USED IN WORK COMPLETED ............................................. $ TOTAL, COMPLETED WORK & STORED MATERIALS.......................................................................... $ RETAINED PERCENTAGE ( 0% )......................................................................................... $ TOTAL AMOUNT OF OTHER DEDUCTIONS.................................................................................. $ - NET AMOUNT DUE TO CONTRACTOR TO DATE................................................................................... $ 79,882.51 TOTAL AMOUNT PAID ON PREVIOUS ESTIMATES........................................................................ $ 60,953.28 PAY CONTRACTOR AS ESTIMATE NO. 2 - FINAL.........................................................- $ 18,929.23 Certificate for Final Payment I hereby certify that, to the best of my knowledge and belief, all items quantities and prices of work and material shown on this Estimate are correct and that all work has been performed in full accordance with the terms and conditions of the Contract for this project between the Owner and the undersigned Contractor, and as amended by any authorized changes, and that the foregoing is a true and correct statement of the amount for the Final Estimate, that the provisions of M. S. 290.92 have been complied with and that all claims against me by reason of the Contract have been paid or satisfactorily secured. Contractor: KUSSKE CONSTRUCTION 424 CHESTNUT STREET SUITE 204 CHASKA, MN 55318 By Name Title Date CHECKED AND APPROVED AS TO QUANTITIES AND AMOUNT: BOLTON & MENK, INC., ENGINEERS, 2638 SHADOW LN, SUITE 200, CHASKA MN 55318 By Pck- ,CONSULTANT CITY ENGINEER DAVID P. MARTINI, P.E. Date 10/18/2016 APPROVED FOR PAYMENT: Owner: CITY OF ORONO, MINNESOTA By Name Title Date PARTIAL PAY ESTIMATE NO. 2- FINAL KELLY AVENUE STORM SEWER OUTFALL CITY OF ORONO, MINNESOTA BMI PROJECT NO. C13.110197 WORK COMPLETED THROUGH AUGUST 31, 2016 ITEM NO. ORIGINAL PLAN QTY. UNIT OF MEASURE UNIT PRICE BID AMOUNT PREVIOUS PAY APPLICATIONS QUANTITY AMOUNT TOTAL COMPLETED TO DATE QUANTITY AMOUNT 1 MOBILIZATION & TRAFFIC CONTROL 1 LUMP SUM $5,000.00 $5,000.00 1.0 $5,000.00 1.0 $5,000.00 2 SAWCUT PAVEMENT FULL DEPTH 52 LIN FT $10.00 $520.00 52.0 $520.00 52.0 $520.00 3 REMOVE DRAINAGE STRUCTURE 1 EACH $500.00 $500.00 1.0 $500.00 1.0 $500.00 4 1 REMOVE BITUMINOUS PAVEMENT 52 SQ YD $7.00 $364.00 64.0 $448.00 64.0 $448.00 5 REMOVE TREE 13 EACH $575.00 $7,475.00 15.0 $8,625.00 15.0 $8,625.00 6 EXPORT COMMON MATERIAL 1 LUMP SUM $4,400.00 $4,400.00 1.0 $4,400.00 1.0 $4,400.00 7 COMMON EXCAVATION 1 LUMP SUM $4,650.00 $4,650.00 1.0 $4,650.00 1.0 $4,650.00 8 SUBGRADE PREPARATION P 52 SQ YD $5.00 $260.00 64.0 $320.00 64.0 $320.00 9 AGGREGATE BASE CLASS 5 - 100% CRUSHED, 8" THICK P 22 TON $35.00 $770.00 33.2 $1,162.35 33.2 $1,162.35 10 TYPE SP 12.5 NON -WEARING COURSE MIX 2,B 2.0" THICK P 6 TON $385.00 $2,310.00 20.0 $7,700.00 20.0 $7,700.00 11 1 ITYPE SP 9.5 WEARING COURSE MIX 2,B 1.5" THICK P 4 TON $275.00 $1,100.00 10.0 $2,750.00 10.0 $2,750.00 12 CONSTRUCT DRAINAGE STRUCTURE - DESIGN F 6 LIN FT $500.00 $3,000.00 6.0 $3,000.00 6.0 $3,000.00 13 CONSTRUCT DRAINAGE STRUCTURE - DESIGN G 2 LIN FT $650.00 $1,300.00 2.0 $1,300.00 2.0 $1,300.00 14 18" RC PIPE SEWER DESIGN 3006 CLASS V 200 LIN FT $53.00 $10,600.00 192.0 $10,176.00 192.0 $10,176.00 15 18" RC APRON WITH TRASH GUARD 2 EACH $1,110.00 $2,220.00 2.0 $2,220.00 2.0 $2,220.00 16 COBBLED RIVER ROCK, 6" - 9" DIAMETER 13 CY YD $110.00 $1,430.00 14.0 $1,540.00 14.0 $1,540.00 17 CONNECT TO EXISTING STORM PIPE 1 EACH $595.00 $595.00 1.0 $595.00 1.0 $595.00 18 1 ICASTING ASSEMBLY STORM 2 EACH $530.00 $1,060.00 2.0 $1,060.00 2.0 $1,060.00 19 1 1EXTERNAL CHIMNEY SEAL 2 EACH $250.00 $500.00 2.0 $500.00 2.0 $500.00 20 WATER MAIN OFFSET 1 LUMP SUM $6,245.00 $6,245.00 1.0 $6,245.00 1.0 $6,245.00 21 COMMON TOPSOIL BORROW 65 CU YD $40.00 $2,600.00 22 EROSION CONTROL BLANKET, CAT. 3 WITH STATE SEED MIX 36-211 89 SQ YD $5.00 $445.00 120.0 $600.00 195.0 $975.00 23 SOD, TYPE LAWN 302 SQ YD $12.00 $3,624.00 310.0 $3,720.00 24 SILT FENCE, TYPE MS 15 LIN FT $10.00 $150.00 25.0 $250.00 25.0 $250.00 25 SILT CURTAIN 20 LIN FT $30.00 $600.00 20.0 $600.00 20.0 $600.00 26 1 ILANDSCAPNG ALLOWANCE 1 ALLOWANCE $8,000.00 $8,000.00 1.0 $10,028.66 EXTRA WORK DOWNSPOUT LINE 1 LS $715.00 $715.00 1.0 $715.00 ROCK CHECKS 1 LS $502.50 $502.50 1.00 $882.50 TOTAL BASE BID: $69,718.00 $64,161.35 $79,882.51 H:\ORNO\C13110197\7_ Construction\E_Pay Applications\Pay Request No 2 - Final.xls REQUEST FOR COUNCIL ACTION DATE: October 24, 2016 ITEM NO: 6 Department Approval: Administrator Reviewed: Agenda Section: Name Adam T. Edwards YmJ� Public Works Director/ Title Public Works Director City Engineer's Report Item Description: Bulk Fuel Contract List of Exhibits A- Fuel Program Overview for 2017 B- Fixed Fuel Price Fuel Order Form 1. Purpose. The purpose of this request is to gain Council approval for the purchase of bulk fuel for 2017 (February 2017 -January 2018). 2. Background. The City consumes approximately 36,000 gallons of gasoline and 9,000 gallons of diesel per year. Prior to 2014, the City purchased fuel on an as needed basis. This resulted in varying fuel prices throughout the year. In 2014 the City aligned itself with the State fixed price fuel contract. In 2016 the City did enter in to the fixed price. For 2016 the Gasoline price was fixed at $1.89 and Diesel at $1.59. Retail rates fluctuated between $2.00 and $2.32 for gasoline and $2.40-2.48 for Diesel in 2016'. 3. State of Minnesota's Fuel Consortium. The purpose of the Fuel Consortium Purchase Program is to develop a consistent fuel budget for each budget year (see Exhibit A). In addition historically the fixed fuel prices have been lower than the average spot/rack price. Municipalities and other governmental organizations within the seven county metro area are eligible to participate. The Fixed Price Fuel Program requires participating cities to agree to a certain volume of fuel to be purchased. Cities need to submit requests by October 25, 2016. The State of Minnesota will go out for bids before January. Staff has reviewed the information and recommends that City Council authorize Staff to enter a contract committing to purchase an amount of fuel similar to that of the 2016 - 2017 program. 4. Recommendation. The City of Orono participates in the State of Minnesota's Fuel Consortium Purchase Program for 2017. The City will commit up to 70% of our annual volume of fuel to be purchased through the program (See Exhibit B). The remainder will be purchased through the spot/rack price for that particular day. Staff does not recommend purchasing 100% of our budgeted fuel, since the consumption of fuel can vary from month to month based on how many miles driven and it is possible that the spot/rack price could go below the fixed price making it more advantageous to purchase fuel at a lower cost when possible. COUNCIL ACTION REQUESTED: City Council authorize Staff to enter a contract with the State of Minnesota Fuel Consortium. 1. U.S. Energy Information Administration Website. DATE: SEPTEMBER 19, 2016 TO: PERSPECTIVE FUEL CONSORTIUM MEMBERS FROM: CHRIS MARQUETTE — STATE MATERIALS MANAGEMENT DIVISION RE: FIXED PRICE FUEL PROGRAM FOR 2017-2018 (New Contract Term: February 1, 2017, through January 31, 2018) The State will again lead the 2017-2018 Fixed Price Fuel Program for qualified participants. The qualification requirements are as follows: • Participant must be a CPV member and agree to comply with all terms and conditions of the contract. • Participant must be located in the nine county metropolitan area (Anoka, Carver, Dakota, Hennepin, Scott, Sherburne, Ramsey, Wright and Washington) or as amended. • The tanks must be owned and maintained by the Participant. • Participant must be able to take either gasoline or diesel fuel in the required product type (135, B10, etc.) and as delivered by the Contract Vendor in quantities of at least 500 gallons per delivery. • Participant must take 100 percent of the committed monthly amount at the fixed price contracted on its behalf. • Fill rate must be at least 500 gallons or more. • Once final Contracts are executed, the participating agency or entity will be notified of the price and the name of the Contract Vendor. CAREFULLY REVIEW THE FOLLOWING INFORMATION!!! Only those agencies that wish to participate in the Fixed Price Program must complete the fuel questionnaire and return it to my attention no later than October 25, 2016. LATE RESPONSES WILL NOT BE CONSIDERED WITHOUT PRIOR APPROVAL FROM THE STATE. If you are required to obtain approval bV your governing board, plan accordingly. Please be careful to provide accurate information. The Spot Price Program does not require firm quantities to be submitted and the Spot Price Program may be used on an as needed basis by any participants in the Fixed Price Fuel Program if they so choose. If you have any questions, please feel free to contact me via E-mail (PREFERRED): chris.marguette(a�state.mn.us or by phone at 651.201.2436. Thank you. RETURN ORDER FORM NO LATER THAN OCTOBER 25, 2016. FUEL CONSORTIUM — OVERVIEW IMPORTANT NOTE TO CURRENT PARTICIPANTS: The current Contract with Mansfield Oil does not expire until January 31, 2017. Due to market conditions AND the solicitation process, the Fuel Core Team is exploring its pricing options for a new program that will begin on February 1, 2017. To achieve this, participants MUST submit their quantities for the Fixed Price Program NO LATER THAN OCTOBER 25, 2016. FIXED PRICE PROGRAM — The agencies participating in the Fixed Price Schedule are required to take 100% of its monthly quantity committed and the Contract Vendor is required to provide 100% of the monthly quantities contracted. The program will be for 12 months beginning February 1, 2017, through January 31, 2018. If the original purchaser is unable to take all of the monthly committed gallons, the Contract Vendor will be responsible for contacting other locations participating in the Fixed Price Contract to determine if they are able to take additional gallons. If the Contract Vendor is able to ship the unused gallons from the original participating purchaser to another participating agency, there will be no cost to the original participating agency. If the Spot Price is less than the Fixed Price, participants are not required to take more than the monthly amount they committed to. If the Contract Vendor is unable to ship the unused gallons from the original participating purchaser to another participating agency, they may sell the unused gallons on the open market and either debit or credit the difference in price back to the original participating purchaser based on the open market sell price. If the Contract Vendor is unable to provide all of the monthly committed gallons to a participating member by the due date and time, the participating member may purchase the product on the open market and charge the Contract Vendor for any actual additional costs incurred. SPOT PRICE PROGRAM. In addition to a Fixed Price program, we will include a Spot Price program for Participants to handle extra fuel needs over and above the committed quantities in the Fixed Price program. Only Participants in the Fixed Price program may use the Spot Prices offered by the Contract Vendor. Participants are not required to use the Spot Price program and may use other State Spot Price programs currently in place or may purchase their additional fuel needs independently. If the Contract Vendor is unable to provide the order quantity to a State agency or CPV member by the required due date and time, the State agency or CPV member may purchase the product on the open market and charge the Contract Vendor for any actual additional costs incurred. The signature below and/or submission of the Order Form certify that your Entity agrees to all terms, conditions and prices of any Contract agreement entered into on its behalf by the State of Minnesota which includes, but is not limited to, taking 100% of the monthly fuel quantities submitted for the Fixed Price Program on the Fuel Order Form. There is no requirement to take any product using the Spot Price Program. AGENCY NAME: ADDRESS: CONTACT PERSON: TITLE: PHONE NO.: FAX NO.: E-MAIL: AUTHORIZED SIGNATURE: RETURN ORDER FORM NO LATER THAN OCTOBER 25, 2016 2017-2018 FUEL CONSORTIUM PURCHASE PROGRAM PAGE 1 OF 2 1 Put "0" if product is not required for a specific month. I FIXED PRICE PROGRAM I •ticipation in the Fixed Price Fuel Program requires the to agency or CPV Member located in the nine (9) county tropolitan area to take 100% of the quantity pledged the Fuel Order Form. icipants must have a capacity for taking at least 500 gallons delivery. encies should consider the amount of its annual age it wants to commit to this program. It is not ,ommended that you commit all of your fuel needs the Fixed Price Program. The Spot Price Program may be ed for additional fuel requirements. SPOT PRICE PROGRAM - FOR INFORMATION PURPOSES ONLY Provide an estimate of the number of gallons of fuel you might purchase from the Contract using the Spot Price Program. There is no commitment implied by providing the estimated usage -- this is for information purposes only. Est. Annual Usage Number of Gallons/500 minimum delivery. Gasoline 7200 E-85 Diesel 2500 FIXED PRICE PROGRAM COMMITMENT QUANTITIES Gallons - 500 Gallon Minimum Delivery 2017-2018 MONTHLY* REQUIREMENTS GASOLINE E-85 * B10 B15 BS Premium B20 Winter Diesel February (2017) 1800 500 March 1800 500 April 1800 500 May 1800 June 1800 500 July 1800 August 1800 500 September 1800 October 1800 November 1800 500 December 1800 500 January (2018) 1800 500 TOTALS: 21600 1500 2500 * NOTE: 10% biodiesel mandated April through September, otherwise 5% biodiesel. RETURN EXCEL VERSION OF ORDER FORM TO CHRIS MARQUETTE AT Chris. marauette(c_state.mn.us NO LATER THAN OCTOBER 25, 2016. Submission of this form certifies that your Entity agrees to all terms, conditions and prices of any Contract agreement entered into on its behalf by the State of Minnesota which includes, but is not limited to, taking 100% of the monthly fuel quantities submitted for the Fixed Price Program on the Fuel Order Form. There is no requirement to take any product using the Spot Price Program. Name Adam Edwards, Dir of Public Works Agency City of Orono Date 24 -Oct -16 PAGE 2OF2 TANK SIZES AND LOCATIONS 2017-2018 FUEL CONSORTIUM PURCHASE PROGRAM TANK SIZE ADDRESS Tank 1 2750 Kelley Parkway, Orono, MN 55356 Tank 2 2750 Kelley Parkway, Orono, MN 55356 Tank 3 265 ORONO ORCHARD RI CRYSTAL B MN 55323 Tank 4 265 ORONO ORCHARD RI CRYSTAL BA' MN 55323 Tank 5 Tank 6 Tank 7 Tank 8 Tank 9 Tank 10 Tank 11 Tank 12 Tank 13 Tank 14 Tank 15 Tank 16 Tank 17 Tank 18 Tank 19 Tank 20 NAME OF AGENCY City of Orono PRODUCT TYPE STORED 2000 500 500 REQUEST FOR COUNCIL ACTION DATE: October 24, 2016 ITEM NO: 7 Department Approval: Administrator Reviewed: Agenda Section: Name Adam Edwards P.E. Y"_4 Public Works Director/ Title Public Works Director/City Engineer City Engineer's Report Item Description: Old Beach Road Right of Way (ROW) Encroachment List of Exhibits A- Image Map. D- Neighborhood Comments. B- Photos. E- Example Encroachment agreement. C- Resident Request 1. Purpose. The purpose of this action item is to get the Council's decision on granting an encroachment agreement and direction on placement of a private retaining wall within the ROW of Old Beach Road. 2. Background. The homeowners at 2560 Old Beach Road, had a retaining wall constructed adjacent to their home but within the City Right of Way. (Exhibit A&B) No permits were issued for the work. Upon discovery of the work City Staff issued a stop work order. Construction of a structure within the ROW requires an encroachment agreement with the City and for a minor land alteration/retaining wall permit . An encroachment of this magnitude requires Council approval. The permit can be approved at the staff level if an encroachment agreement is approved. As constructed the retaining wall is — 18 inches from the edge of pavement. The residents have requested an encroachment agreement and applied for a minor land alteration/retaining wall permit. (Exhibit C). Many of the neighbors have expressed support of the wall. (Exhibit D) 3. Considerations. Staff recommends the Council should consider the following items when providing direction on this item: • Related code. The city code does allow for retaining walls in front yards as long as they are at least 10 feet from the travelled road way'.Section 78-1405 (5.1). While this code is written for walls that are on private property the l Oft limitation could be applied to this circumstance. • Encroachments into the public right of way are normally allowed in order to overcome a practical difficulty such as a driveway approach. Best practice is to keep ROWS clear of immovable objects for safety and maintenance efforts When objects are necessary with in the ROW we try and keep them 10 ft from the travel way. For local roads and streets, a minimum clear zone of 7 to 10 feet is considered desirable on sections without curb. On collectors without curbs, a 10 foot minimum clear zone is recommended. The road is a residential cul-de-sac with low volume and low speed traffic. 4. Staff Recommendation. After consideration of the proposed project, it is my recommendation that if the Council does grant an encroachment the wall should be required to be set back a minimum of 10 feet from the edge of pavement/travel way. COUNCIL ACTION REQUESTED: Decision on Encroachment Agreement for retaining wall and if approved guidance on setback of wall from the edge of pavement. Section 78-1405 (5.1) z. AASHTO A Policy on Geometric Design of Highways and Streets Hennepin County P[operty Map � � Dam:]O2 y20]6 PARCEL I 2111 7252200]0 OWNER NAME: James R Krey PARCEL ADDRESS- 2 O O2 Beach Rd, Orono VN 55391 PARCEL AREA: 1-75 acres, 7 337 sq ft \. Comments: tl� t -o, +r` y 11 r I yv lit ,e a, t mmb*,VjF 0 Encroachment Permit/Encroachment Agree ie E James Krey 2560 Old Beach Rd Wayzata, MN 55391 October 17, 2016 I would first like to apologize for encroaching on the city's ROW when building this retaining wall and for the contractor who did not apply for a permit. The retaining wall at the above property address was built to retain the land from eroding into the street which becomes muddy from run off. The land there has a slope of 2 to 1 and is extremely dangerous to mow. I have ruined several mower blades in the 27 years I have been maintaining this part of the property. We spoke to 3 snow removal crews which plow these streets and none have an issue with the location of the wall. I have included my neighbor's comments, all of which agree that it is a good solution to the problem, are delighted with its appearance and are happy it provides safety for their children. The wall cannot be moved back 22 feet (out of the city ROW) to a conforming location because that would defeat the purpose of the wall. We can't place the wall further back from the road due to the trees there. We would risk losing these trees and we are attempting to beautify the property not destroy the lovely wooded lot. I also believe this wall provides safety to our neighborhood children who congregate there for the school bus. We plan on installing low voltage lights along the upper wall which will provide added safety for the neighborhood, since there is no street light at this end of the dead end street. I do not believe a snow plow or anyone driving along this point is in any danger of colliding with the boulders providing of course the driver is abiding by the law, traveling at most 15 miles per hour with a seat belt. If the driver of a vehicle is this reckless, I would want them to be stopped by the wall and not hit the children who wait here for the school bus. I ask that you grant a zoning permit to allow the retaining wall to remain where it is. Respectfully, James R. Krey C N m70 = - 0 � 70 7� n 7u D O 0 Cl M 7< rn D rn 7C C-) C y N 0=s m _ 2 70 O 70 n � >o rn 7< -i D CJS A C) W -. WOO 01, v 0 /0 _s 4:ez Jim, I want to thank you for taking the initiative in cleaning up and beautifying the corner of Old Reach Road at Shore Hills. Hopefully the retaining wall will keep the mud from sliding onto the pavement and prevent the unsightly debris from accumulating there each winter and spring. Also, an unexpected benefit is your retaining wall has provided my kids a safe, visible and protected spot to sit while waiting for the bus. I'm sorry to hear you have encountered some permitting issues. I recognize there is a process in place with the City, but I'm confident that after review, City officials will conclude the wall serves a needed purpose, conforms to other rock/landscaping in the cul-de-sac area and has the support of the residents. Thanks again. Steph. 'kre From: Sent: To: Subject: Curt Holt <cahoit@aol.com> Monday, October 3, 2016 4:19 PM j krey Re: Old Beach Road Retaining wall The wall was sorely needed in this area due to the steep slope, which made maintenance difficult and led to runoff drainage issues. The wall is aesthetically pleasing, appears to be well constructed, and has adequate setback from the paved surface. A few well-placed cascading junipers or similar would soften the top edge and give a more natural look. A thoughtfully designed and installed structure. Curtis Holt 2313 Old Beach Road Sent from my Wad On Oct 2, 2016, at 12:41 PM, jkrey <ikrey@mchsi.corr > wrote: Hello neighbors, I'm writing to you regarding the boulder retaining wall on Old Beach Road. The city of Orono requires zoning and encroachment permits which I am in the process of applying for. 1 believe this retaining wall is necessary for erosion control. Due to the steep slope in this area, it was difficult and dangerous to mow. Please respond to this email with your comments and concerns and I will share them with the City Zoning Commission. Thank you for your attention and consideration to this matter. Best Regards, Jim Krey <image001.jpg> 1 jkrey From: Suzanne Walcher <suzanne.walcher@yahoo.com> Sent: Sunday, October 2, 2016 5:21 PM To: jkrey Subject: Re: Old Beach Road Retaining wall Hi Jim. Eric and i have no problem with the wall. It's attractive, seems solid, and enhances the neighborhood. Good luck with the Zoning folks! Best Wishes, Suzanne & Eric Walcher Sent from my iPhone On Oct 2, 2016, at 12:41 PM, jkrey <jkrey@mchsi.corr > wrote: Hello neighbors, I'm writing to you regarding the boulder retaining wall on Old Beach Road. The city of Orono requires zoning and encroachment permits which I am in the process of applying for. I believe this retaining wall is necessary for erosion control. Due to the steep slope in this area, it was difficult and dangerous to mow. Please respond to this email with your comments and concerns and I will share them with the City Zoning Commission. Thank you for your attention and consideration to this matter. Best Regards, Jim Krey <image001.1pg> jkrey From: Eric Walcher <eric.walcher@yahoo.com> Sent: Sunday, October 2, 2016 8:05 PM To: jkrey@mchsi.com Subject: Re: Old Beach Road Retaining wall Jim -- I echo Suzanne's points. The wall looks very nice. Tell the City of Orono that they would better spend their time compelling Minnetonka Beach to re -do the the horrific paving job on the North end of the street and leave you to beautify the South end. In my humble opinion! Eric C. Walcher 2425 Old Beach Road Wayzata, MN 55391 +1612 867 8384 eric.walcher@yahoo.com From: "Walcher, Eric" <Eric.Walcher@mercer.com> To: Eric Walcher <edc.walcher@yahoo.com> Sent: Sunday, October 2, 2016 7:11 PM Subject: FW: Old Beach Road Retaining wall From: "jkrey" <ikre __mchsi.com> Date: October 2, 2016 at 12:41:10 PIVI CDT To: <�oann barbetta@yahoo.com>, <DCarlson mail.com>, <codutehome mai1.com>, <lindafordkelley@gmail.com>, <Christie erhardl mail.co n>, <caholt aol.com>, <Lar .lund uist ahoo.com>, <Jackie(&-kenconllc.com>, <OlsonStegh(CD-mchsi.com>, <dlxPi(ccD-aol.com>, <Jac ue 'hsherman.com>, <Suzanne.walcher ahoo.com> Subject: Old Beach Road Retaining wall Hello neighbors, I'm writing to you regarding the boulder retaining wall on Old Beach Road. The city of Orono requires zoning and encroachment permits which I am in the process of applying for. I believe this retaining wall is necessary for erosion control. Due to the steep slope in this area, it was difficult and dangerous to mow. Please respond to this email with your comments and concerns and I will share them with the City Zoning Commission. Thank you for your attention and consideration to this matter. Best Regards, Jim Krey From: Dave <dlxpi@aol.com> Sent Monday, October 3, 2016 8:44 AM To: jkrey Cc: Dave Schneider Subject Re: Old Beach Road Retaining wall The retaining wall that has been put in place greatly enhances the drive up off of Old Beach Road in addition to stopping any erosion and a constant muddy area that was always there after a rain. I wholeheartedly support the new retaining wall that has been put in place. Dave Schneider 2540 Old Beach Road On Oct 2, 2016, at 12:41 PM, jkrey < > wrote: Hello neighbors, I'm writing to you regarding the boulder retaining wall on Old Beach Road. The city of Orono requires zoning and encroachment permits which 1 am in the process of applying for. I believe this retaining wall is necessary for erosion control. Due to the steep slope in this area, it was difficult and dangerous to mow. Please respond to this email with your comments and concerns and I will share them with the City Zoning Commission. Thank you for your attention and consideration to this matter. Best Regards, Jim Krey <image001.jpg> 1 jkrcy From: Linda Kelley Freivalds <lindafordkelley@gmail.com> Sem: Sunday, October 2, 2016 5:46 PM To: jkrey Subject: Re: Old Beach Road Retaining wall Jim, John and I both agree your boulder retaining wall is an asset to your land and the neighborhood as well. We were not aware that the reason was erosion control but since we're right next door and have experienced multiple issues with erosion from the rains in the last several years, it appears to be an excellent solution. Both our properties are on a downward slope and I, for one, am amazed at the extent of damage from water runoff. Good luck and if there is anything we can do to assist in the approval process, please don't hesitate to let us know. Linda Kelley Freivalds On Sun, Oct 2, 2016 at 12:41 PM, jkrey <jkre T jpchsi.com> wrote: Hello neighbors, I'm writing to you regarding the boulder retaining wall on Old Beach Road. The city of Orono requires zoning and encroachment permits which I am in the process of applying for. I believe this retaining wall is necessary for erosion control. Due to the steep slope in this area, it was difficult and dangerous to mow. Please respond to this email with your comments and concerns and I will share them with the City Zoning Commission. Thank you for your attention and consideration to this matter. Best Regards, Jim Krey jkrey From: Larry Lundquist <larry.lundquist@yahoo.com> Sent Sunday, October 2, 2016 7:26 PM To: jkrey Subject: Re: Old Beach Road Retaining wall The wall looks very good. Better view than before. Larry and Donna Lundquist 2455 Old Beach Road On Sunday, October 2, 201612:42 PM, jkrey <jkrey@mchsi.com> wrote: Hello neighbors, I'm writing to you regarding the boulder retaining wall on Old Beach Road. The city of Orono requires zoning and encroachment permits which I am in the process of applying for. I believe this retaining wall is necessary for erosion control. Due to the steep slope in this area, it was difficult and dangerous to mow. Please respond to this email with your comments and concerns and I will share them with the City Zoning Commission. Thank you for your attention and consideration to this matter. Best Regards, Jim Krey ,14r N From: codutehome@gmaii.com Sento Sunday, October 2, 2016 12:45 PM To: j krey Subject: Re: Old Beach Road Retaining wall Love the retaining wall as not only for erosion and safety measures, it adds beauty and class to the neighborhood. Keep itlll Cod ute's Sent from my Whone On Oct 2, 2016, at 12:41 PM, jkrey <ikrey@mchsi.co- > wrote: Mello neighbors, I'm writing to you regarding the boulder retaining wall on Old Beach Road. The city of Orono requires zoning and encroachment permits which I am in the process of applying for. I believe this retaining wall is necessary for erosion control. Due to the steep slope in this area, it was difficult and dangerous to mow. Please respond to this email with your comments and concerns and I will share them with the City Zoning Commission. Thank you for your attention and consideration to this matter. Best Regards, Jim Krey <image001.jpg> From: jackie@kenconlic.com Sent Tuesday, October 4, 2016 7:10 AM To: j krey Subject: Re: Old Beach Road Retaining wall Jim - Thanks for the e-mail. I just want to let you know that Shawn and I have NO issues with the retaining wall. We love the way it looks and think it adds a lot of beauty to our little drive. In addition, I think it will alleviate a safety concern that I have because of all the snow that had been getting piled on that corner. The snow plows seem to love to put all of the snow on the corner creating a visual hazard because we couldn't see any cars coming from that direction. I, personally, almost got in an accident 2 years ago because of this issue. If you need any other involvement from us we would be happy to participate! Jackie & Shawn Mclntee From: jkrey <jkrey@mchsi.com> To: Joann_barbetta@yahoo.com; DCarlson@gmail.com; codutehome@gmail.com; lindafordkelley@gmail.com; Chdstiegerhardl@gmail.com; caholt@aol.com; Larry. lundquistc@yahoo.com; Jackie@kenconllc.com; OlsonSteph@mchsi.com; dlxpi@aol.com; JacqueQksherman.com; Suzanne.walcher@yahoo.com Sent: Sunday, October 2, 2016 12:41 PM Subject: Old Beach Road Retaining wall Hello neighbors, I'm writing to you regarding the boulder retaining wall on Old Beach Road. The city of Orono requires zoning and encroachment permits which 1 am in the process of applying for. I believe this retaining wall is necessary for erosion control. Due to the steep slope in this area, it was difficult and dangerous to mow. Please respond to this email with your comments and concerns and I will share them with the City Zoning Commission. Thank you for your attention and consideration to this matter. Best Regards, Jim Krey From: Christie Gerhard <christiegerhard 1 @gmail.com> Sent: Sunday, October 2, 2016 2:50 PM To: jkrey Subject: Re: Old Beach Road Retaining wall Hello Guys, The wall looks fabulous! And so does your entire place. Happy Beautiful Sunday! Christie On Oct 2, 2016, at 12:41, jkrey < > wrote: Hello neighbors, I'm writing to you regarding the boulder retaining wall on Old Beach Road. The city of Orono requires zoning and encroachment permits which I am in the process of applying for. I believe this retaining wall is necessary for erosion control. Due to the steep slope in this area, it was difficult and dangerous to mow. Please respond to this email with your comments and concerns and I will share them with the City Zoning Commission. Thank you for your attention and consideration to this matter. Best Regards, Jim Krey <image001.Jpg> ENCROACHMENT AGREEMENT AGREEMENT made this day of .2 CITY OF ORONO, a Minnesota municipal corporation ("City"), and. ("Owner"). , by and between the 1. BACKGROUND. Owner is the fee owner of property with a street address of legally described as: [insert legal description] and located in the City of Orono, County of Hennepin, and State of Minnesota ("Subject Property"). The City owns an easement for drainage and utility purposes over part of the Subject Property. Owner wants to construct a on the Subject Property which would encroach on the City's easement (the "Encroachment"). 2. ENCROACHMENT AUTHORIZATION. The City hereby approves the Encroachment on the City's easement except over existing utilities. It is the Owner's obligation to locate the existing utilities prior to commencing construction of the Encroachment. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to encroach in the City's easement, Owner, for itself, its successors and assigns, hereby agrees to indemnify and hold the City harmless from any damage caused to the Subject Property, in whole or in 164774 part, by the encroachment onto the City's easement. 4. TERMINATION OF AGREEMENT. The City may, at its sole discretion, terminate this Agreement at any time by giving the Owner of the Subject Property thirty (30) days advance written notice. The Owner shall, at its own expense, remove the Encroachment. If the Owner fails to remove the Encroachment upon notice by the City, the City may do so and the Owner agrees to promptly reimburse the City for any costs the City incurs. RECORDING. This Agreement shall run with the land and shall be recorded against the title to the Subject Property. 6. BINDING AFFECT. This Agreement is binding upon the parties, their successors and assigns. IN WITNESS WHEREOF, this Agreement was executed by the parties the day and year first above written. (SEAL) STATE OF MINNESOTA) ( ss. COUNTY OF HENNEPIN ) CITY OF ORONO: , Mayor And City Clerk The foregoing instrument was acknowledged before me this day of 2 ,by and by respectively, the Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. 164774 Notary Public PROPERTY OWNER(S): STATE OF MINNESOTA ) ( SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of by Notary Public DRAFTED BY: 164774 REQUEST FOR COUNCIL ACTION DATE: October 26, 2015 ITEM NO: 8 Department Approval: Administrator Reviewed: Agenda Section: Name Ron Olson NYV Y"_4 City Administrator's Report Title Finance Director Item Description: Non -Waiver of Tort Limits Attachments: 1. Non -Waiver Form 2. Resolution 3. LMCIT Memo Minnesota Statutes 466.04 limits a city's tort liability to a maximum of $500,000 per claimant and $1,500,000 per occurrence. Because cities have the right to waive the liability limit, our insurance carrier, the League of Minnesota Cities Insurance Trust (LMCIT), requires that the City Council adopt a resolution stipulating whether the City will or will not waive the statutory limits under the laws. Because waiver of the statutory limits increases the amount that the LMCIT could potentially be responsible for, waiver of the limit will increase the city's general liability insurance premium by approximately 3% ($1,500). The City also carries excess liability coverage in the amount of $2,000,000. A wavier of tort limits would increase this premium by 25% ($5,200). Staff's recommendation is to not waive the statutory limits set by state statute. Additional information on liability coverage and limits can be found in attached memo (attachment 3) from the LMCIT. COUNCIL ACTION REQUESTED: Consider a motion to adopt a resolution making a selection not to waive the statutory tort limits for liability purposes. o� LEAGUE OF MWNESOTA CITIES CONNECTING & INNOVATING SINCE 1913 LIABILITY COVERAGE - WAIVER FORM LMCIT members purchasing coverage must complete and return this form to LMCIT before the effective date of the coverage. Please return the completed form to your underwriter or email to —tech@lmc.org 1 This decision must be made by the member's governing body every year. You may also wish to discuss these issues with your attorney. League of Minnesota Cities Insurance Trust (LMCIT) members that obtain liability coverage from LMCIT must decide whether to waive the statutory tort liability limits to the extent of the coverage purchased. The decision has the following effects: If the member does not waive the statutory tort limits, an individual claimant would be able to recover no more than $500,000 on any claim to which the statutory tort limits apply. The total all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would be limited to $1,600,000. These statutory tort limits apply regardless of whether the city purchases the optional excess liability coverage. If the member waives the statutory tort limits and does not purchase excess liability coverage, a single claimant could potentially recover up to $2,000,000 for a single occurrence. (Under this option, the tort cap liability limits are waived to the extent of the member's liability coverage limits, and the LMCIT per occurrence limit is $2 million.) The total all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to $2,000,000, regardless of the number of claimants. If the member waives the statutory tort limits and purchases excess liability coverage, a single claimant could potentially recover an amount up to the limit of the coverage purchased. The total all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage purchased, regardless of the number of claimants. Claims to which the statutory municipal tort limits do not apply are not affected by this decision. CITY OF ORONO LMCIT Member Name Check one: ❑ The member DOES NOT WAIVE the monetary limits on municipal tort liability established by Minnesota Statutes, Section 466.04. ❑ The member WAIVES the monetary limits on municipal tort liability established by Minnesota Statutes, Section 466.04 to the extent of the limits of the liability coverage obtained from LMCIT. Date of city council/governing body meeting Position 145 UNIVERSITY AVE. WEST PHONE: (651) 281-1200 rnx: (651) 281-1299 ST. PAUL, MN 55103-2044 TOILME: (800) 925-1122 wEB: www..LmcoRo A RESOLUTION MAKING A SELECTION NOT TO WAIVE THE STATUTORY TORT LIMITS FOR LIABILITY INSURANCE PURPOSES WHEREAS, pursuant to previous action taken, the League of Minnesota Cities Insurance Trust has asked the City to make an election with regards to waiving or not waiving its tort liability established by Minnesota Statutes 466.04 ; and WHEREAS, the choices available are as follows: to not waive the statutory tort limit, to waive the limit but to keep insurance coverage at the statutory limit, and to waive the limit and to add insurance to a new level. NOW, THEREFORE, BE IT RESOLVED that the Orono City Council does hereby elect not to waive the statutory tort liability limit established by Minnesota Statutes 466.04. Adopted by the City Council of the City of Orono, Minnesota, at a regular meeting held October 24, 2016. ATTEST: Diane Tiegs, City Clerk Lili Tod McMillan, Mayor r n LE EAGUE of MINNESOTA CITIES CONNECTING & INNOVATING SINCE 19t3 RISK MANAGEMENT INFORMATION LMCIT LIABILITY COVERAGE OPTIONS Liability Limits, Coverage Limits, and Waivers LMCIT gives cities several options for structuring their liability coverage. The city can choose either to waive or not to waive the monetary limits the statutes provide; and the city can select from among several liability coverage limits. This memo discusses these options and identifies some issues to consider in deciding which of the options best meets the city's needs. What are the statutory limits on municipal tort liability? The statutes limit a city's tort liability to a maximum of $500,000 per claimant and $1,500,000 per occurrence. These limits apply whether the claim is against the city, against the individual officer or employee, or against both. What are the coverage limits for LMCIT's basic primary liability coverage? For coverage written or renewed on or after November 15, 2014, LMCIT's liability coverage will provide a limit of $2,000,000 per occurrence. Besides the overall coverage limit of $2,000,000 per occurrence, there are also annual aggregate limits (that is, limits on the total amount of coverage for the year regardless of the number of claims), for certain specific risks. Aggregate limits apply to the following: Products $3,000,000 annually Failure to supply utilities $3,000,000 annually Data security breaches $3,000,000 annually EMF $3,000,000 annually Limitedpollution* $3,000,000 annually Mold $3,000,000 annually Employers liability (work comp) $1,500,000 annually Land use/special risk litigation** $1,000,000 annually Activities in outside organizations $100,000 annually * Includes sudden and accidental releases of pollutants; herbicide and pesticide application; sewer ruptures, overflows and backups; and lead and asbestos claims. Dredging or excavation claims are subject to a $250,000 sublimit. These limits apply to both damages and defense costs. ** Coverage is provided on a sliding scale percentage basis, which is based on participation in LMCIT's online land use training. Coverage applies to both damages and litigation costs. LEAGUE OF MINNESOTA CITIES 145 UN IVY RST AVL IVY ST mow: (651) 281.1200 rAx:(651)281 1298 INSURANCETRUST 5T. PAUL. AIN 55103-1044 TOL1raLL:(800))25-1122 %VMWWWAMcokc Why does LMCIT provide higher coverage limits than the statutory limit? The reason is to give member cities better protection. The statutory liability limit caps the city's liability for many types of claims. But some liability claims, which are listed in the next section, aren't covered by the statutory limit, so the city's potential liability is unlimited. The higher limit also protects against a major hrcident in which many people might be injured. The $2,000,000 per occurrence coverage limit gives the city better protection for these types of claims, and makes it less likely the city could end up with liability exceeding its coverage limit. Another reason to provide higher limits is because it's increasingly more common to see contracts require more than the statutory limit of $1,500,000; a more common figure is a $2,000,000 limit. LMCIT's higher limits will now meet this requirement, but if even higher limits are required, there is the option to carry LMCIT's excess coverage to meet the additional requirements. LMCIT can also issue an endorsement to increase the city's coverage limit only for claims relating to a particular contract. If the statute limits our liability and LMCIT is already providing higher limits than required, why purchase even more limits? There are four good reasons why cities should strongly consider carrying LMCIT's excess coverage, which provides higher limits of liability coverage. Excess coverage is available in $1,000,000 increments, up to a maximum of $5,000,000. 1. The statutory tort limits either do not or may not apply to several types of claims The following are the types ofclaims the statutory limits do not apply to. LMCIT'shigher limit of $2,000,000 will definitely provide better protection against these types of claims, but there could be cases where even that limit might not be enough. • Claims underfederal civil rights laws. These include Section 1983, the Americans with Disabilities Act, etc. • Claims for tort liability that the city has assumed by contract. This occurs when a city agrees in a contract to defend and indemnify a private party. • Claims for actions in another state. This might occur in border cities that have mutual aid agreements with adjohiing states, or when a city official attends a national conference or goes to Washington to lobby, etc. • Claims based on liquor sales. This mostly affects cities with municipal liquor stores, but it could also arise in connection with beer sales at a fire relief association fund-raiser, for example. • Claims based on a "taking" theory. Suits challenging land use regulations frequently include an "inverse condemnation" claim, alleging that the regulation amounts to a "taking" of the property. 2. LMCIT's primary liability coverage has annual limits on coverage for a few specific risks The table on page 1 lists the liability risks to which aggregate coverage limits apply. If the city has a loss or claim in one of these areas, there might not be enough limits remaining to cover the city's full exposure if there is a second loss of the same sort during the year. Excess liability coverage gives the city additional protection against this risk as well. There are, though, a couple important restrictions on how the excess coverage applies to risks that are subject to aggregate limits: The excess coverage does not apply to the following types of risks: o Failure to supply utilities. o Mold. o "Limited pollution" claims if either the pollutant release or the damage is below ground or in a body of water. o Auto no-fault claims. o Uninsured/underinsured motorist claims. o Workers' compensation, disability, or unemployment claims. o Claims under the medical payments coverage. The excess coverage does not automatically apply to liquor liability unless the city specifically requests it. 3. The city maybe required by contract to carry higher coverage limits LMCIT's limit of $2,000,000 will meet most contract requirements, but if even higher limits are required, LMCIT's excess coverage is an option. LMCIT can also issue an endorsement to increase the city's coverage limit only for claims relating to a particular contract. 4. There may be more than one political subdivision covered under the city's coverage An HRA, EDA, or port authority is itself a separate political subdivision. If the city EDA, for example, is named as a covered party on the city's coverage and a claim were made that involved both the city and the EDA, theoretically the claimant might be able to recover up to $1,500,000 fi•om both the city and the EDA, since there are two political subdivisions involved. Excess coverage is one way to provide enough coverage limits to address this situation. Another solution is for the HRA, EDA, or port authority to carry separate liability coverage in its own name. This issue of multiple covered parties can also arise is if the city has agreed by contract to name another entity as a covered party, or to defend and 'indemnify another entity. Who needs excess liability coverage? If anything, excess liability coverage is even more important to a small city rather than to a large city. If a city ends up with more liability than it has coverage, the city will have to either draw on existing funds or go to its taxpayers to pay that judgment. A large city faced with, say, $1,000,000 of liability over and above what its LMCIT coverage pays might be able to spread that cost over several thousand taxpayers. The small city by contrast might be dividing that same $1,000,000 among only a couple hundred taxpayers. $1,000,000 divided among 5,000 taxpayers is $200 apiece — annoying but probably at least manageable for most taxpayers. $1,000,000 divided among 200 taxpayers is $5,000 apiece — enough to be a real problem for many. What's the effect of waiving the "per claimant" statutory liability limit? For cities that choose to waive the statutory limits, the city is choosing to waive the protection of the statutory limits, up to the amount of coverage the city has. Someone with a claim against a 3 city that has waived the statutory limits would be able to recover up to $2,000,000 (of course the individual would have to prove to the court or jury that he or she really does have that amount of damages), rather than the statutory limit of $500,000 per claimant. Because the waiver increases the exposure, the premium is roughly 3%higher for coverage under the waiver option. For cities that choose not to waive the statutory limits, the city's liability is limited by the statute to no more than $500,000 per claimant and $1,500,000 per occurrence. LMC1T's higher coverage limits would only come into play on those types of claims that aren't covered by the statutory liability limit. Why would the city choose to pay more for the waiver -option coverage? The statutory liability limit only comes into play in a case where: • The city is in fact liable. • The injured party's actual proven damages are greater than the statutory limit. Very literally, applying the statutory liability limit means an injured party won't be fully compensated for his or her actual, proven damages that were caused by city negligence. Some cities, as a matter of public policy, may want to have more assets available to compensate their citizens for injuries caused by the city's negligence. Waiving the statutory liability limits is a way to do that. Other cities may feel that the appropriate policy is to minimize the expenditure of the taxpayers' fiords by taking full advantage of every protection the legislature has decided to provide. There's no right or wrong answer on this point. It's a discretionary question of city policy that each city council needs to decide for itself. What's the effect of waiving the statutory limits if the city has excess coverage? If the city has $1,000,000 of excess coverage and chooses to waive the statutory tort limits, the claimants (whether it's one claimant or several) could then potentially recover up to $3,000,000 in damages in a single occurrence. If the city carries higher excess coverage limits, the potential maximum recovery per occurrence is correspondingly higher. Carrying excess coverage under the waiver option is a way to address an issue that some cities find troubling: the case where many people are injured in a single occurrence caused by city negligence. Suppose, for example, that a city vehicle negligently runs into a school bus full of children, causing multiple serious injuries. $1,500,000 divided 50 ways may not go far toward compensating for those injuries. Excess coverage under the waiver option makes more finds available to compensate the victims in that kind of situation. -'�6 The cost of the excess 25% greater if the city waives the statutory tort limits. The cost difference is proportionally greater than the costdifference at the primary level ' '-Ii66Zsc for a city that carries excess coverage, waiving the statutory tort limits increases both the per- claimant exposure and the per -occurrence exposure. Is there an increase in risk if the city waives the statutory tort liability limits? There is no increase in risk for the city to end up with liability if LMCIT doesn't cover it. The waiver form specifically says the city is waiving the statutory toil liability limits only to the extent of the city's coverage. Of course, that's not to say there is no risk the city's liability could exceed its coverage limits. Listed earlier in this memo are a number of ways that could happen to any city, but the waiver doesn't increase that risk. Can the city waive the statutory tort limits for the primary coverage but not for the excess coverage? No. If the city decides to waive the statutory tort limits, that waiver applies to the Rill extent of the coverage limits the city has. The city cannot partially waive the statutory limits. Is there a simple way to summarize the options? It's not necessarily simple, but the table on the following Your League Resource page is a shorthand summary of what the effect would be Call the Underwriting of the various coverage structure options in different Department at 651.281.1200 circumstances. or 800.925.1122 with any questions. u b a0 O o 3 ti U Q y,a H O O O O O U C O O O O O a G ~ m O O O O ^. O O O O O m O O rq O O •� 0 P q m >, U a Fa o c U a� itl y C�. U El' O O O O O x O N O O O O ctl Cd.N N O y � o EA 69 69 M 69 pp a ^y Y Y cd (1 El O 0 O O O O O C U O O O O O O O yd N 0U ' ❑ �O 69 61) 69 N 0 b 8 o tC U �+ 4 O U O U ISA X X° o O O CC d N U O N O d H > '> > ti O •� O y c 3 c 0 3 0 8 OO O O caQ O GO O > Q3 xQ x3 Department Approval: Name Ron Olson Title Finance Director REQUEST FOR COUNCIL ACTION Administrator Reviewed: Y"-4 Item Description: Third Quarter Financial Report Attachments: 1. Revenues 2. Expenditures 3. Investments DATE: October 24, 2016 ITEM NO: 9 Agenda Section: City Administrator's Report The third quarter General Fund summaries are included with this memo. They are as of the end of September which represents 75% of the year. Revenues are at 67.34% of budget with expenditures at 72.0% of budget. The revenue totals are the actual amounts collected through 9/30/16. Expenditures amounts are based on payments through 10/10/16 with adjustments made for known Yd quarter expenditures that were not paid by that date. General Fund Revenues Property taxes at 52.1 % of the budget are the primary revenue source for the General Fund. With the addition of delinquent collections, the property tax category is currently at 50.8%. When the 2nd half tax settlement is received in December, it is expected that property tax revenue will be at 100% of budget. Licenses and Permits are at 78.4% and are forecast to be at or exceed 100% at year's end. Charges for services are at 90.35% of budget. Other Governmental revenue is only at 17.6% of budget, however the police State Aid Reimbursement was received in October and the category is now over budget for the year. Golf Course revenue was is at 125.8% of budget as the course as the combination of excellent weather, decreased competition, and improvements at the course combined for the best revenue year in over a decade. The overall General Fund revenue budget will likely exceed 100% at the end of the year. General Fund Expenditures At 72.0%, the overall expenditure amounts are right on target for the year. The Mayor & Council is currently at 93.4%, but the major expenditures for the department have been paid. The department will finish the year on budget. Assessing is currently at 81.9% of budget. Expenditures for the department have been reported. Law and Legal Services is at 80.0% of budget, and will finish the year over budget. There are two reasons for this overage: the first is a higher than normal use of a conflict prosecutor, and the other is an increase in jail charges from Hennepin County. Human Services is at 96.75% of budget, but all of the department's annual expenditures have been recorded. The Golf Course is at 93.3% of budget at this point in the year. It will finish the year over budget. This overage is offset by higher than budgeted revenues. The Page 2 Special Service line is over budget for the year. These expenditures are offset by revenues and reflect the increase in construction activity. The other General Fund department budgets are in good shape for this time of the year. The overall expenditure budget is forecast to end the year at 100% of budget or less. Investments The third quarter investment listing is included for your review. The purchase price of our current investments total $17,178,899.54. Total interest earned through September is $140,970.53. The current market value of investments is $17,257,016.52 which is $78,116.98 greater than our cost. A listing of new investments since the 3rd quarter is included with this memo. Summary Overall the General Fund budget is in good shape through the end of September. Revenues are expected to exceed budget while expenditures should finish the year at or below budgeted levels. The General Fund should have a small positive budget varience. City of Orono Revenue Summary with Comparison to Budget For The 9 Months Ending September 30, 2016 Source September 30 2016 Budget Balance Percent Taxes 2,035,253 4,016,500 1,981,247 50.67% Licenses & Permits 368,204 469,650 101,446 78.40% Other Governmental 39,936 227,220 187,284 17.58% Charges for Service 2,436,142 2,696,300 260,158 90.35% Fines 54,864 95,500 40,636 57.45% Miscellaneous 3,063 1,500 (1,563) 204.18% Golf Course 173,711 138,000 (35,711) 125.88% Interest 285 35,000 34,715 0.81% Other Sources & Transfers 79,576 28,900 (50,676) 275.350o 5,191,034 7,708,570 2,517,536 67.34% Attachment 1 - Revenues Summary CITY OF ORONO REVENUES WITH COMPARISON TO BUDGET FOR THE 9 MONTHS ENDING SEPTEMBER 30, 2016 GENERALFUND PERIOD SEPTEMBER 30,2 BUDGET UNEARNED PCNT TAXES 101-31010 CURRENT AD VALOREM TAXES 1,986,867.52 1,986,867.52 4,016,500.00 2,029,632.48 49.5 101-31020 DELINQUENT AD VALOREM TAXES 19,928.52 19,928.52 .00 ( 19,928.52) .0 101-31040 FISCAL DISPARITIES 11,919.41 11,919.41 .00 ( 11,919.41) .0 101-31050 PERSONAL PROPERTY TAX 14,569.42 14,569.42 .00 ( 14,569.42) .0 101-31060 FORFIETED TAX SALE APPORTIONMT .00 .00 .00 .00 .0 101-31070 RENT CREDIT .00 .00 .00 .00 .0 101-31900 PENALTIES AND INTEREST -TAXES 1,967.84 1,967.84 .00 ( 1,967.84) .0 TOTAL TAXES 2,035,252.71 2,035,252.71 4,016,500.00 1,981,247.29 50.7 LICENSES & PERMITS 101-32100 BUSINESS LICENSES 100.00 100.00 .00 ( 100.00) .0 101-32110 BEER & LIQUOR LICENSES 50.00 50.00 7,000.00 6,950.00 .7 101-32120 CIGARETTE LICENSES 125.00 125.00 400.00 275.00 31.3 101-32130 COMMERCIAL DOCK LICENSES .00 .00 .00 .00 .0 101-32140 SET UP LICENSES .00 .00 .00 .00 .0 101-32150 SEPTIC LICENSES .00 .00 .00 .00 .0 101-32170 GARBAGE HAULERS LICENSES 1,080.00 1,080.00 1,100.00 20.00 98.2 101-32180 OTHER BUSINESS LICENSE/PERMIT 7,972.00 7,972.00 5,400.00 ( 2,572.00) 147.6 101-32240 DOG LICENSES 628.00 628.00 4,000.00 3,372.00 15.7 101-32510 BUILDING PERMITS 279,517.55 279,517.55 375,000.00 95,482.45 74.5 101-32520 ZONING PERMIT 4,328.77 4,328.77 1,750.00 ( 2,578.77) 247.4 101-32530 MECHANICAL/SEPTIC/OTHER 49,183.72 49,183.72 50,000.00 816.28 98.4 101-32590 PLUMBING PERMIT 25,219.29 25,219.29 25,000.00 ( 219.29) 100.9 TOTAL LICENSES & PERMITS 368,204.33 368,204.33 469,650.00 101,445.67 78.4 OTHER GOVERNMENTS 101-33220 FEDERAL GRANT-EMRGNCY PREP .00 .00 .00 .00 .0 101-33390 FEDERAL GRANT -OTHER .00 .00 .00 .00 .0 101-33410 HACA AID .00 .00 .00 .00 .0 101-33415 MARKET VALUE CREDIT .00 .00 .00 .00 .0 101-33420 POLICE STATE AID .00 .00 200,000.00 200,000.00 .0 101-33430 POLICE TRAINING REIMBURSEMENT 8,441.86 8,441.86 10,000.00 1,558.14 84.4 101-33440 MUNICIPAL STATE AID -STREETS .00 .00 .00 .00 .0 101-33450 LOCAL GOVERNMENT AID .00 .00 .00 .00 .0 101-33460 PERA STATE AID 3,609.50 3,609.50 7,220.00 3,610.50 50.0 101-33490 STATE GRANT -OTHER 11,218.77 11,218.77 10,000.00 ( 1,218.77) 112.2 101-33610 COUNTY GRANT -RECYCLING .00 .00 .00 .00 .0 101-33800 OTHER GRANTS/AIDS 16,666.00 16,666.00 .00 ( 16,666.00) .0 101-33890 GRANTS/AIDS FROM OTHER GOVTS .00 .00 .00 .00 .0 TOTAL OTHER GOVERNMENTS 39,936.13 39,936.13 227,220.00 187,283.87 17.6 FOR ADMINISTRATION USE ONLY ELAPSED 75 % OF THE FISCAL YEAR HAS 10/19/2016 12:17PM PAGE: 1 Attachment 1 - Revenues Detail CITY OF ORONO REVENUES WITH COMPARISON TO BUDGET FOR THE 9 MONTHS ENDING SEPTEMBER 30, 2016 GENERALFUND PERIOD SEPTEMBER 30,2 BUDGET CHARGES FOR SERVICES 101-34200 ADMINISTRATIVE CHARGES FOR SVC 101-34210 GENERAL TAXABLE SALES/SERVICE 101-34220 ASSESSMENTS SEARCHES 101-34230 FILING FEES-ELECTIONS/PLATS 101-34410 PLAN CHECK/SITE EXAM FEES 101-34420 COND USE -VARIANCE -DEV FEES 101-34430 ENGINEERING & LEGAL FEES 101-34440 BLDG PERMITS -MAIL IN FEES 101-34450 ON-SITE SEPTIC PROGRAM FEES 101-34460 COOP AGREEMENT -INSPECTION 101-34610 COOP AGREEMENT -POLICE 101-34620 COOP AGREEMENT -ANIMAL CONTROL 101-34630 POLICE SPECIAL SERVICES 101-34640 FALSE ALARM FEES 101-34650 POLICE REPORTS 101-34670 POLICE RESERVE RECEIPTS 101-34680 EXPLORERS PROGRAM 101-34810 COOP AGREEMENT -PUBLIC WORKS 101-34815 INTERDEPARTMENTAL SERVICES -PW 101-34820 RECYCLING PROGRAM FEES TOTAL CHARGES FOR SERVICES 91►1* 101-35104 OTHER FINES 101-35105 ADMIN CITATIONS 101-35400 COURT FINES 101-35410 DRUG TASK FORCE 101-35420 DOG IMPOUND FEES 101-35620 ADMINISTRATIVE 30% SHARE TOTAL FINES FOR ADMINISTRATION USE ONLY UNEARNED PCNT 63,975.00 63,975.00 80,000.00 16,025.00 80.0 ( 4,684.37) ( 4,684.37) 1,000.00 5,684.37 (468.4) 340.00 340.00 300.00 ( 40.00) 113.3 10,550.00 10,550.00 4,000.00 ( 6,550.00) 263.8 189,416.07 189,416.07 175,000.00 ( 14,416.07) 108.2 40,025.00 40,025.00 35,000.00 ( 5,025.00) 114.4 42,316.53 42,316.53 35,000.00 ( 7,316.53) 120.9 689.90 689.90 700.00 10.10 98.6 44,550.00 44,550.00 44,500.00 ( 50.00) 100.1 9,323.19 9,323.19 15,000.00 5,676.81 62.2 1,997,494.06 1,997,494.06 2,222,500.00 225,005.94 89.9 .00 .00 .00 .00 .0 35,870.00 35,870.00 75,000.00 39,130.00 47.8 1,000.00 1,000.00 4,000.00 3,000.00 25.0 697.00 697.00 800.00 103.00 87.1 350.00 350.00 500.00 150.00 70.0 823.00 823.00 .00 ( 823.00) .0 3,406.22 3,406.22 3,000.00 ( 406.22) 113.5 .00 .00 .00 .00 .0 .00 .00 .00 .00 .0 2,436,141.60 2,436,141.60 2,696,300.00 260,158.40 90.4 .00 .00 .00 .00 .0 7,886.58 7,886.58 15,000.00 7,113.42 52.6 46,917.40 46,917.40 80,000.00 33,082.60 58.7 .00 .00 .00 .00 .0 60.00 60.00 500.00 440.00 12.0 .00 .00 .00 .00 .0 54,863.98 54,863.98 95,500.00 40,636.02 57.5 75 % OF THE FISCAL YEAR HAS ELAPSED 10/19/2016 12:17PM PAGE:2 Attachment 1 - Revenues Detail CITY OF ORONO REVENUES WITH COMPARISON TO BUDGET FOR THE 9 MONTHS ENDING SEPTEMBER 30, 2016 GENERALFUND PERIOD SEPTEMBER 30,2 BUDGET UNEARNED PCNT MISCELLANEOUS 101-37699 UTILITY PENALTIES 1,570.00 1,570.00 1,500.00 ( 70.00) 104.7 101-37910 GREEN FEES 101,000.00 101,000.00 90,000.00 ( 11,000.00) 112.2 101-37920 RENTAL -GOLF CARTS & CLUB 47,152.50 47,152.50 32,000.00 ( 15,152.50) 147.4 101-37930 BEER SALES 6,967.00 6,967.00 7,000.00 33.00 99.5 101-37935 POP SALES 3,939.00 3,939.00 3,200.00 ( 739.00) 123.1 101-37940 CONCESSIONS -TAXABLE 2,438.50 2,438.50 2,100.00 ( 338.50) 116.1 101-37950 CONCESSIONS -NONTAXABLE .00 .00 .00 .00 .0 101-37960 GOLF BALL SALES 1,330.00 1,330.00 1,700.00 370.00 78.2 101-37970 PRO SHOP -TAXABLE 480.48 480.48 1,000.00 519.52 48.1 101-37980 PRO SHOP -NONTAXABLE 1,045.00 1,045.00 1,000.00 ( 45.00) 104.5 101-37985 GOLF COURSE PRINTS .00 .00 .00 .00 .0 101-37990 OTHER GOLF COURSE RECEIPTS 9,409.94 9,409.94 .00 ( 9,409.94) .0 101-37999 CASH OVER/SHORT ( 51.00) ( 51.00) .00 51.00 .0 TOTAL MISCELLANEOUS 175,281.42 175,281.42 139,500.00 ( 35,781.42) 125.7 OTHER SOURCES & TRANSFERS IN 101-39310 INTEREST ON INVESTMENTS .00 .00 35,000.00 35,000.00 .0 101-39315 INVESTMENT DISCOUNTS/PREMIUMS .00 .00 .00 .00 .0 101-39350 INTEREST -NOW ACCOUNT 285.00 285.00 500.00 215.00 57.0 101-39610 MISCELLANEOUS REVENUE 1,492.67 1,492.67 3,000.00 1,507.33 49.8 101-39620 RENT INCOME 4,050.00 4,050.00 5,400.00 1,350.00 75.0 101-39630 CONTRIBUTIONS & DONATIONS 1,470.00 1,470.00 .00 ( 1,470.00) .0 101-39640 REFUNDS & REIMBURSEMENTS 5,967.86 5,967.86 .00 ( 5,967.86) .0 101-39650 PAYMENTS IN LIEU OF TAXES .00 .00 .00 .00 .0 101-39670 SALE OF LAND 24,503.88 24,503.88 .00 ( 24,503.88) .0 101-39680 SALE OF EQUIPMENT 43,584.14 43,584.14 20,000.00 ( 23,584.14) 217.9 101-39920 RESIDUAL EQUITY TRANSFERS IN .00 .00 .00 .00 .0 TOTAL OTHER SOURCES & TRANSFERS IN 81,353.55 81,353.55 63,900.00 ( 17,453.55) 127.3 TOTAL FUND REVENUE 5,191,033.72 5,191,033.72 7,708,570.00 2,517,536.28 67.3 NET REVENUE OVER EXPENDITURES 5,191,033.72 5,191,033.72 7,708,570.00 2,517,536.28 67.3 FOR ADMINISTRATION USE ONLY 75 % OF THE FISCAL YEAR HAS ELAPSED 10/19/2016 12:17PM PAGE:3 Attachment 1 - Revenues Detail 120% 100% 80% 60% 40% 20% 0% a—[I I Q1 Q1 Q1 Q1 Q1 2012 2013 2014 2015 2016 City of Orono YTD Revenues 9 -30-2016 Q2 Q2 Q2 Q2 Q2 Q3 Q3 Q3 Q3 Q3 YE YE YE YE YE 2012 2013 2014 2015 2016 2012 2013 2014 2015 2016 2012 2013 2014 2015 2016 Attachment 1 - Revenues Graph City of Orono 2016 General Fund Summary Attachment 2 - Expenditures Summary 2016 Y -T -D Y -T -D Budget Sep 30,2016 Adjustments 09/30/2016 Balance Percent Mayor & Council 83,240 77,723 - 77,723 5,517 93.37% Administration 291,120 198,829 4,365 203,195 87,925 69.80% Elections 18,130 7,774 - 7,774 10,356 42.88% Assessing 180,000 - 161,831 161,831 18,169 89.91% Finance 322,320 237,702 3,943 241,645 80,675 74.97% Law/Legal Services 102,500 74,172 7,850 82,022 20,478 80.02% Central Services 244,470 196,043 (3,640) 192,403 52,067 78.70% Human Services 12,400 9,500 - 9,500 2,900 76.61% Police 4,076,850 2,793,762 75,339 2,869,101 1,207,749 70.38% Fire Protection Services 395,150 302,321 - 302,321 92,829 76.51% Building & Zoning 707,050 498,661 9,355 508,016 199,034 71.85% Engineering 20,000 8,539 1,500 10,039 9,961 50.20% Street Maintenance 493,830 308,252 3,780 312,032 181,798 63.19% Parks 108,120 84,605 235 84,840 23,280 78.47% Golf Course 152,640 140,539 1,875 142,414 10,226 93.30% Special Services 95,750 58,907 4,000 62,907 32,843 65.70% Special Projects -Contingencies 40,000 5,234 - 5,234 34,766 13.09% Transfers to Other Funds 365,000 - 273,750 273,750 91,250 75.00% Total General Fund Expenditures 7,708,570 5,002,563 544,184 5,546,747 2,161,823 71.96% Attachment 2 - Expenditures Summary Personal Services 101-41110-101 101 Full -Time Employees Regular 101-41110-122 122 FICA 101-41110-151 151 Worker's Comp Insurance Prem Total Personal Services Other Exoenses 101-41110-433 433 Memberships 101-41110-437 437 Training & Development 101-41110-439 439 Meeting Expenses 101-41110-489 489 Other Miscellaneous Charges Total Other Expenses City Council Total City of Orono 2016 Line Item Budget Mayor & Council Adjusted 2016 Y -T -D Y -T -D Budget Sep 30,2016 Adjustments Sep 30,2016 Balance Percent 18,200 13,650 0 13,650 4,550 75.00% 1,390 1,044 0 1,044 346 75.12% 50 38 0 38 13 75.00% 19,640 14,732 0 14,732 4,908 75.01% 62,100 62,168 0 62,168 (68) 100.11% 500 0 0 0 500 0.00% 1,000 823 0 823 177 82.32% 0 0 0 0 0 N/A 63,600 62,991 0 62,991 609 99.04% 83,240 77,723 0 77,723 5,517 93.37% Attachment 2 - Expenditure Detail City of Orono 2016 Line Item Budget Administration Adjusted 2016 Y -T -D Y -T -D Budget Sep 30,2016 Adjustments Sep 30,2016 Balance Percent Supplies & Maintenance 101-41300-208 208 Books & Periodicals Total Supplies & Maintenance Professional Services 101-41300-319 319 Professional Services Total Professional Serivices 300 0 0 0 300 0.00% 300 0 0 Personal Services 300 0.00% 6,000 3,920 0 3,920 2,080 101-41300-101 101 Full -Time Employees Regular 192,350 132,335 1,505 133,840 58,510 69.58% 101-41300-102 102 Full -Time Employees Overtime 1,300 330 0 330 970 25.35% 101-41300-103 103 Part -Time Employees 0 0 0 0 0 N/A 101-41300-104 104 Temporary Employees Regular 10,500 7,651 0 7,651 2,850 72.86% 101-41300-121 121 PERA 14,520 9,786 284 10,070 4,450 69.35% 101-41300-122 122 FICA 15,620 10,046 288 10,334 5,286 66.16% 101-41300-135 135 City Benefit Contribution 37,020 25,478 2,288 27,766 9,255 75.00% 101-41300-142 142 Unemployment Benefit Payments 0 0 0 0 0 N/A 101-41300-151 151 Worker's Comp Insurance Prem 1,210 908 0 908 303 75.00% Total Personal Services 272,520 186,532 4,365 190,897 81,623 70.05% Supplies & Maintenance 101-41300-208 208 Books & Periodicals Total Supplies & Maintenance Professional Services 101-41300-319 319 Professional Services Total Professional Serivices 300 0 0 0 300 0.00% 300 0 0 0 300 0.00% 6,000 3,920 0 3,920 2,080 65.33% 6,000 3,920 0 3,920 2,080 65.33% Attachment 2 - Expenditure Detail Total Other Expenses Administration Total City of Orono Other Expenses 101-41300-331 331 Travel Expenses 101-41300-340 340 General Advertising 101-41300-433 433 Memberships 101-41300-437 437 Training & Development 101-41300-439 439 Meeting Expenses 101-41300-489 489 Other Miscellaneous Charges Total Other Expenses Administration Total City of Orono 2016 Line Item Budget Administration cont. Adjusted 2016 Y -T -D Y -T -D Budget Sep 30,2016 Adjustments Sep 30,2016 Balance Percent 4,000 2,700 0 2,700 1,300 67.50% 0 0 0 0 0 N/A 1,300 1,230 0 1,230 70 94.62% 3,500 2,988 0 2,988 512 85.37% 500 211 0 211 289 42.22% 3,000 1,254 0 1,254 1,746 41.80% 12,300 8,383 0 8,383 3,917 68.16% 291,120 198,835 4,365 203,201 87,919 69.80% Attachment 2 - Expenditure Detail City of Orono 2016 Line Item Budget Elections Adjusted 2016 Y -T -D Y -T -D Budget Sep 30,2016 Adjustments Sep 30,2016 Balance Percent Elections Total 18,130 7,774 0 7,774 10,356 42.88% Attachment 2 - Expenditure Detail Personal Services 101-41410-102 102 Full -Time Employees Overtime 1,000 0 0 0 1,000 0.00% 101-41410-104 104 Temporary Employees Regular 11,800 4,957 0 4,957 6,843 42.01% 101-41410-121 121 PERA 80 0 0 0 80 0.00% 101-41410-122 122 FICA 80 0 0 0 80 0.00% Total Personal Services 12,960 4,957 0 4,957 8,003 38.25% Supplies & Maintenance 101-41410-208 208 Books & Periodicals 0 0 0 0 0 N/A 101-41410-221 221 Equipment Parts & Accessories 2,200 1,950 0 1,950 250 88.64% 101-41410-240 240 Small Tools and Minor Equip 300 281 0 281 19 93.77% Total Supplies & Maintenance 2,500 2,231 0 2,231 269 89.25% Other Expenses 101-41410-319 319 Professional Services 0 0 0 0 0 N/A 101-41410-322 322 Postage 800 0 0 0 800 0.00% 101-41410-331 331 Travel Expenses 100 49 0 49 51 49.36% 101-41410-340 340 General Advertising 220 42 0 42 178 18.96% 101-41410-412 412 Building Rentals 0 0 0 0 0 N/A 101-41410-415 415 Other Equipment Rentals 0 0 0 0 0 N/A 101-41410-437 437 Training & Development 100 0 0 0 100 0.00% 101-41410-439 439 Meeting Expenses 600 36 0 36 564 6.06% 101-41410-489 489 Other Miscellaneous Charges 850 458 0 458 392 53.88% Total Other Expenses 2,670 585 0 585 2,085 21.92% Elections Total 18,130 7,774 0 7,774 10,356 42.88% Attachment 2 - Expenditure Detail Assessing Services 101-41550-302 302 Assessing Services Total Assessing Service Assessing Total City of Orono 2016 Line Item Budget Assessing Adjusted 2016 Y -T -D Y -T -D Budget Sep 30,2016 Adjustments Sep 30,2016 Balance Percent 180,000 0 161,831 161,831 18,169 89.91% 180,000 0 161,831 161,831 18,169 89.91% 180,000 0 161,831 161,831 18,169 89.91% Attachment 2 - Expenditure Detail City of Orono 2016 Line Item Budget Finance Department Attachment 2 - Expenditure Detail Adjusted 2016 Y -T -D Y -T -D Budget Sep 30,2016 Adjustments Sep 30,2016 Balance Percent Personal Services 101-41500-101 101 Full -Time Employees Regular 211,380 167,656 1,000 168,656 42,724 79.79% 101-41500-102 102 Full -Time Employees Overtime 200 0 0 0 200 0.00% 101-41500-103 103 Part -Time Employees 21,400 13,886 400 14,286 7,114 66.76% 101-41500-104 104 Temporary Employees Regular 0 0 0 0 0 N/A 101-41500-121 121 PERA 17,030 12,921 256 13,177 525 77.38% 101-41500-122 122 FICA 17,370 12,472 260 12,732 4,638 73.30% 101-41500-135 135 City Benefit Contribution 52,080 29,443 2,027 31,470 20,610 60.43% 101-41500-151 151 Worker's Comp Insurance Prem 1,330 998 0 998 333 75.00% Total Personal Services 320,790 237,377 3,943 241,320 76,142 75.23% Supplies & Maintenance 101-41500-208 208 Books & Periodicals 0 0 0 0 0 N/A Total Supplies & Maintenance 0 0 0 0 0 N/A Professional Services 101-41500-301 301 Auditing and Acct'g Services 0 0 0 0 0 N/A Total Professional Services 0 0 0 0 0 N/A Other Expenses 101-41500-331 331 Travel Expenses 200 0 0 0 200 0.00% 101-41500-433 433 Memberships 330 325 0 325 5 98.48% 101-41500-437 437 Training & Development 1,000 0 0 0 1,000 0.00% Total Other Expenses 1,530 325 0 325 1,205 21.24% Finance Total 322,320 237,702 3,943 241,645 77,347 74.97% Attachment 2 - Expenditure Detail City of Orono 2016 Line Item Budget Law/Legal Services Adjusted 2016 Y -T -D Y -T -D Budget Sep 30,2016 Adjustments Sep 30,2016 Balance Percent Attachment 2 - Expenditure Detail Professional Services 101-41600-305 305 Legal -Retainer 0 0 0 0 0 N/A 101-41600-306 306 Legal -Prosecution 38,500 30,478 3,000 33,478 5,022 86.96% 101-41600-307 307 Legal -Consulting 50,000 32,838 4,100 36,938 13,062 73.88% 101-41600-308 308 Code Enforcement 4,000 1,178 150 1,328 2,672 33.20% 101-41600-309 309 Jail Charges 10,000 9,678 600 10,278 (278) 102.78% Total Professional Services 102,500 74,172 7,850 82,022 20,478 80.02% Law/Legal Services Total 102,500 74,172 7,850 82,022 20,478 80.02% Attachment 2 - Expenditure Detail City of Orono 2016 Line Item Budget Central Services Adjusted 2016 Y -T -D Y -T -D Budget Sep 30,2016 Adjustments Sep 30,2016 Balance Percent Total Insurances 30,200 22,650 0 22,650 7,550 75.00% Attachment 2 - Expenditure Detail Supplies & Maintenance 101-41900-201 201 Office supplies 14,570 8,813 0 8,813 5,757 60.49% 101-41900-221 221 Equipment Parts & Accessories 3,000 702 0 702 2,298 23.40% 101-41900-223 223 Bldg/Grounds Maint. Supplies 3,500 2,370 0 2,370 1,130 67.71% 101-41900-401 401 Repairs/Maint-Office Equip 16,000 6,052 0 6,052 9,948 37.83% 101-41900-403 403 Repairs/Maint-Misc. Equip 700 3,014 0 3,014 (2,314) 430.62% 101-41900-404 404 Repairs/Maint-Bldgs/Grounds 15,000 8,847 0 8,847 6,153 58.98% 101-41900-407 407 Janitorial Services 19,000 11,429 1,436 12,864 6,136 67.71% 101-41900-416 416 Software Licensing 12,000 20,732 0 20,732 (8,732) 172.76% Total Supplies & Maintenance 83,770 61,959 1,436 63,395 20,375 75.68% Professional Services 101-41900-301 301 Auditing and Acct'g Services 20,000 20,000 0 20,000 0 100.00% 101-41900-310 310 LOGIS-Applications 0 0 4,500 4,500 (4,500) N/A 101-41900-311 311 Data Processing Communication 0 0 0 0 0 N/A 101-41900-319 319 Professional Services 12,000 14,312 (5,880) 8,432 3,568 70.27% 101-41900-370 370 Insurance Agent of Record 0 0 0 0 0 N/A Total Professional Services 32,000 34,312 (1,380) 32,932 (932) 102.91% Insurances 101-41900-361 361 General Liability Ins 10,000 7,500 0 7,500 2,500 75.00% 101-41900-362 362 Umbrella Liability Ins 5,000 3,750 0 3,750 1,250 75.00% 101-41900-363 363 Bonds Insurance 200 150 0 150 50 75.00% 101-41900-365 365 Boiler & Machinery Ins 1,300 975 0 975 325 75.00% 101-41900-366 366 Property Insurance 5,000 3,750 0 3,750 1,250 75.00% 101-41900-367 367 Equipment Floaters Ins 1,300 975 0 975 325 75.00% 101-41900-368 368 Automotive Insurance 7,400 5,550 0 5,550 1,850 75.00% Total Insurances 30,200 22,650 0 22,650 7,550 75.00% Attachment 2 - Expenditure Detail City of Orono 2016 Line Item Budget Central Services cont. Central Services Total 244,470 196,043 (3,640) 192,403 52,067 78.70% Attachment 2 - Expenditure Detail Adjusted 2016 Y -T -D Y -T -D Budget Sep 30,2016 Adjustments Sep 30,2016 Balance Percent Other Expenses 101-41900-312 312 Bank Fees 4,000 3,986 0 3,986 14 99.66% 101-41900-321 321 Telephone 8,000 8,458 (1,100) 7,358 642 91.97% 101-41900-322 322 Postage 11,000 9,972 0 9,972 1,028 90.66% 101-41900-329 329 Internet/Other Communications 8,000 5,502 (1,276) 4,226 3,774 52.82% 101-41900-352 352 Printing & Publishing 15,000 12,360 0 12,360 2,640 82.40% 101-41900-381 381 Gas & Electric 29,000 20,579 0 20,579 8,421 70.96% 101-41900-382 382 Water Utilities 2,500 1,915 0 1,915 585 76.61% 101-41900-413 413 Office Equipment Rental 20,000 14,035 (1,319) 12,716 7,284 63.58% 101-41900-440 440 Special Equipment Replacement 0 11 0 11 (11) N/A 101-41900-489 489 Other Miscellaneous Charges 1,000 303 0 303 697 30.29% Total Other Expenses 98,500 77,122 (3,695) 73,427 25,073 74.54% Capital Outlay 101-41900-512 512 Spec Assmts on Land & Int 0 0 0 0 0 N/A 101-41900-750 750 Interest on Special Assmnts 0 0 0 0 0 N/A Total Capital Outlay 0 0 0 0 0 N/A Central Services Total 244,470 196,043 (3,640) 192,403 52,067 78.70% Attachment 2 - Expenditure Detail City of Orono 2016 Line Item Budget Human Services Adjusted 2016 Y -T -D Y -T -D Budget Sep 30,2016 Adjustments Sep 30,2016 Balance Percent Other Expenses 101-41800-490 490 Contributions to Civic Org's 12,400 9,500 0 9,500 2,900 76.61% Total Other Expenses 12,400 9,500 0 9,500 2,900 76.61% Human Services Total 12,400 9,500 0 9,500 2,900 76.61% Attachment 2 - Expenditure Detail City of Orono 2016 Line Item Budget Police Department Total Personal Services 3,296,420 2,278,400 52,271 2,330,671 965,749 70.70% Supplies & Maintenance 101-42110-201 201 Office supplies 101-42110-208 Adjusted Books & Periodicals 101-42110-212 212 Motor Fuels & Lubricants 101-42110-221 2016 Y -T -D 101-42110-223 Y -T -D Bldg/Grounds Maint. Supplies 101-42110-226 226 Clothing & personal equipment 101-42110-228 Budget Sep 30,2016 Adjustments Sep 30,2016 Balance Percent 240 Personal Services 101-42110-401 401 Repairs/Maint-Office Equip 101-42110-402 402 Repairs/Maint-Auto Equip 101-42110-101 101 Full -Time Employees Regular 2,315,280 1,621,611 31,050 1,652,661 662,619 71.38% 101-42110-102 102 Full -Time Employees Overtime 50,000 13,617 500 14,117 35,883 28.23% 101-42110-103 103 Part -Time Employees 53,000 45,175 1,700 46,875 6,125 88.44% 101-42110-104 104 Temporary Employees Regular 0 0 0 0 0 N/A 101-42110-121 121 PERA 359,730 254,914 6,800 261,714 98,016 72.75% 101-42110-122 122 FICA 46,000 31,556 841 32,397 13,603 70.43% 101-42110-135 135 City Benefit Contribution 401,580 255,491 11,380 266,871 134,709 66.46% 101-42110-142 142 Unemployment Benefit Payments 0 2,914 0 2,914 (2,914) N/A 101-42110-151 151 Worker's Comp Insurance Prem 70,830 53,123 0 53,123 17,708 75.00% Total Personal Services 3,296,420 2,278,400 52,271 2,330,671 965,749 70.70% Total Supplies & Maintenance 15,000 Supplies & Maintenance 101-42110-201 201 Office supplies 101-42110-208 208 Books & Periodicals 101-42110-212 212 Motor Fuels & Lubricants 101-42110-221 221 Equipment Parts & Accessories 101-42110-223 223 Bldg/Grounds Maint. Supplies 101-42110-226 226 Clothing & personal equipment 101-42110-228 228 Training Supplies 101-42110-229 229 Explorers Program expenses 101-42110-240 240 Small Tools and Minor Equip 101-42110-401 401 Repairs/Maint-Office Equip 101-42110-402 402 Repairs/Maint-Auto Equip 101-42110-403 403 Repairs/Maint-Misc. Equip 101-42110-404 404 Repairs/Maint-Bldgs/Grounds 101-42110-407 407 Janitorial Services 101-42110-416 416 Software Licensing Total Supplies & Maintenance 15,000 6,085 0 6,085 8,915 40.57% 1,000 0 0 0 1,000 0.00% 115,000 39,401 2,000 41,401 73,599 36.00% 6,000 3,586 0 3,586 2,414 59.77% 1,300 271 0 271 1,029 20.87% 25,000 28,160 0 28,160 (3,160) 112.64% 16,000 7,234 0 7,234 8,766 45.21% 4,000 174 3,150 3,324 676 83.10% 6,000 1,150 0 1,150 4,850 19.17% 5,000 4,542 0 4,542 458 90.84% 50,000 27,197 0 27,197 22,803 54.39% 8,000 4,597 0 4,597 3,403 57.46% 6,500 4,470 0 4,470 2,030 68.76% 15,000 8,276 1,040 9,316 5,684 62.11% 10,000 13,157 0 13,157 (3,157) 131.57% 283,800 148,298 6,190 154,488 129,312 54.44% Attachment 2 - Expenditure Detail City of Orono 2016 Line Item Budget Police Department cont. Attachment 2 - Expenditure Detail Adjusted 2016 Y -T -D Y -T -D Budget Sep 30,2016 Adjustments Sep 30,2016 Balance Percent Professional Services 101-42110-304 304 Engineering -Consulting 0 0 0 0 0 N/A 101-42110-307 307 Legal -Consulting 8,000 5,596 0 5,596 2,405 69.94% 101-42110-310 310 LOGIS-Applications 82,250 49,116 6,017 55,133 27,117 67.03% 101-42110-311 311 Data Processing Communication 5,000 3,736 0 3,736 1,264 74.72% 101-42110-317 317 Animal Care 1,000 254 0 254 746 25.44% 101-42110-319 319 Professional Services 14,500 12,506 0 12,506 1,994 86.25% 101-42110-370 370 Insurance Agent of Record 0 0 0 0 0 N/A Total Professional Services 110,750 71,207 6,017 77,224 33,526 69.73% Insurances 101-42110-361 361 General Liability Ins 35,000 26,250 8,750 35,000 0 100.00% 101-42110-362 362 Umbrella Liability Ins 10,000 7,500 2,500 10,000 0 100.00% 101-42110-366 366 Property Insurance 1,000 750 250 1,000 0 100.00% 101-42110-367 367 Equipment Floaters Ins 0 0 0 0 0 N/A 101-42110-368 368 Automotive Insurance 9,000 6,750 2,250 9,000 0 100.00% 101-42110-379 379 Insurance Deductibles 0 0 0 0 0 N/A Total Insurances 55,000 41,250 13,750 55,000 0 100.00% Attachment 2 - Expenditure Detail City of Orono 2016 Line Item Budget Police Department cont. Adjusted 2016 Y -T -D Y -T -D Budget Sep 30,2016 Adjustments Sep 30,2016 Balance Percent 23,230 Other Expenses 101-42110-321 321 Telephone 101-42110-322 322 Postage 101-42110-329 329 Internet/Other Communications 101-42110-331 331 Travel Expenses 101-42110-340 340 General Advertising 101-42110-352 352 Printing & Publishing 101-42110-381 381 Gas & Electric 101-42110-382 382 Water Utilities 101-42110-413 413 Office Equipment Rental 101-42110-414 414 EDP/Communications Equip Rent 101-42110-433 433 Memberships 101-42110-436 436 Towing Charges 101-42110-437 437 Training & Development 101-42110-439 439 Meeting Expenses 101-42110-440 440 Special Equipment Replacement 101-42110-441 441 Licenses & Taxes 101-42110-489 489 Other Miscellaneous Charges City of Orono 2016 Line Item Budget Police Department cont. Adjusted 2016 Y -T -D Y -T -D Budget Sep 30,2016 Adjustments Sep 30,2016 Balance Percent 23,230 15,922 (1,454) 14,468 8,762 62.28% 1,200 99 400 499 701 41.60% 6,100 4,522 0 4,522 1,578 74.13% 250 580 0 580 (330) 232.19% 0 90 0 90 (90) N/A 1,800 2,110 0 2,110 (310) 117.21% 20,000 12,265 0 12,265 7,735 61.33% 1,200 742 0 742 458 61.86% 2,800 3,344 (335) 3,009 (209) 107.46% 20,000 15,463 2,000 17,463 2,537 87.31% 5,500 2,955 0 2,955 2,545 53.73% 0 157 0 157 (157) N/A 35,000 22,432 (3,500) 18,932 16,068 54.09% 2,500 1,762 0 1,762 738 70.48% 5,000 5,164 0 5,164 (164) 103.28% 1,300 3,140 0 3,140 (1,840) 241.56% 3,000 1,222 0 1,222 1,778 40.73% Total Other Expenses 128,880 91,970 (2,889) 89,081 39,799 69.12% Total Capital Outlay Police Total 151,000 Capital Outlay 101-42110-550 550 Automotive Equipment 101-42110-560 560 Furniture and Fixtures 101-42110-570 570 Office Equip and Furnishings 101-42110-575 575 IT Hardware & Applications 101-42110-580 580 Other Equipment Total Capital Outlay Police Total 151,000 128,408 9,940 138,348 12,652 91.62% 0 0 0 0 0 N/A 7,000 0 0 0 7,000 0.00% 23,000 5,378 0 5,378 17,622 23.38% 21,000 28,850 (9,940) 18,910 2,090 90.05% 202,000 162,636 0 162,636 39,364 80.51% 4,076,850 2,793,762 75,339 2,869,101 1,207,749 70.38% Attachment 2 - Expenditure Detail City of Orono 2016 Line Item Budget Fire Protection Services Attachment 2 - Expenditure Detail Adjusted 2016 Y -T -D Y -T -D Budget Sep 30,2016 Adjustments Sep 30,2016 Balance Percent Professional Services 101-42260-318 318 Fire Services 395,150 302,321 0 302,321 92,829 76.51% 101-42260-319 319 Professional Services 0 0 0 0 0 N/A Total Professional Services 395,150 302,321 0 302,321 92,829 76.51% Fire Protection Services Total 395,150 302,321 0 302,321 92,829 76.51% Attachment 2 - Expenditure Detail City of Orono 2016 Line Item Budget Building & Zoning Total Personal Services 577,800 421,173 9,550 430,723 147,077 74.55% Supplies & Maintenance 101-42400-208 208 Books & Periodicals 101-42400-212 Adjusted Motor Fuels & Lubricants 101-42400-221 221 Equipment Parts & Accessories 101-42400-226 2016 Y -T -D 101-42400-240 Y -T -D Small Tools and Minor Equip 101-42400-402 402 Repairs/Maint-Auto Equip 101-42400-403 Budget Sep 30,2016 Adjustments Sep 30,2016 Balance Percent 0 Personal Services N/A 1,000 0 0 0 1,000 101-42400-101 101 Full -Time Employees Regular 435,010 330,707 8,250 338,957 96,053 77.92% 101-42400-102 102 Full -Time Employees Overtime 200 69 0 69 131 34.46% 101-42400-103 103 Part -Time Employees 0 0 0 0 0 N/A 101-42400-104 104 Temporary Employees Regular 0 0 0 0 0 N/A 101-42400-121 121 PERA 32,640 24,562 650 25,212 7,428 77.24% 101-42400-122 122 FICA 33,290 25,179 650 25,829 7,461 77.59% 101-42400-135 135 City Benefit Contribution 74,040 38,691 0 38,691 35,349 52.26% 101-42400-142 142 Unemployment Benefit Payments 0 0 0 0 0 N/A 101-42400-151 151 Worker's Comp Insurance Prem 2,620 1,965 0 1,965 655 75.00% Total Personal Services 577,800 421,173 9,550 430,723 147,077 74.55% 600 Supplies & Maintenance 101-42400-208 208 Books & Periodicals 101-42400-212 212 Motor Fuels & Lubricants 101-42400-221 221 Equipment Parts & Accessories 101-42400-226 226 Clothing & personal equipment 101-42400-240 240 Small Tools and Minor Equip 101-42400-402 402 Repairs/Maint-Auto Equip 101-42400-403 403 Repairs/Maint-Misc. Equip 600 142 0 142 458 23.67% 1,500 0 0 0 1,500 0.00% 0 0 0 0 0 N/A 0 0 0 0 0 N/A 0 0 0 0 0 N/A 1,000 0 0 0 1,000 0.00% 0 0 0 0 0 N/A Total Supplies & Maintenance 3,100 142 0 142 2,958 4.58% Total Professional Services 121,000 74,040 (195) 73,845 47,155 61.03% Attachment 2 - Expenditure Detail Professional Services 101-42400-304 304 Engineering -Consulting 2,500 0 0 0 2,500 0.00% 101-42400-307 307 Legal -Consulting 16,000 17,176 0 17,176 (1,176) 107.35% 101-42400-310 310 Inspection Services 100,000 53,875 0 53,875 46,126 53.87% 101-42400-319 319 Professional Services 2,500 2,990 (195) 2,795 (295) 111.80% Total Professional Services 121,000 74,040 (195) 73,845 47,155 61.03% Attachment 2 - Expenditure Detail City of Orono 2016 Line Item Budget Building & Zoning cont. Building & Zoning Total 707,050 498,661 9,355 508,016 199,034 71.85% Attachment 2 - Expenditure Detail Adjusted 2016 Y -T -D Y -T -D Budget Sep 30,2016 Adjustments Sep 30,2016 Balance Percent Other Expenses 101-42400-331 331 Travel Expenses 1,500 387 0 387 1,113 25.78% 101-42400-340 340 General Advertising 0 0 0 0 0 N/A 101-42400-415 415 Other Equipment Rentals 0 0 0 0 0 N/A 101-42400-433 433 Memberships 750 875 0 875 (125) 116.67% 101-42400-437 437 Training & Development 2,000 1,981 0 1,981 19 99.03% 101-42400-439 439 Meeting Expenses 750 32 0 32 718 4.27% 101-42400-441 441 Licenses & Taxes 150 32 0 32 118 21.33% Total Other Expenses 5,150 3,306 0 3,306 1,844 64.20% Building & Zoning Total 707,050 498,661 9,355 508,016 199,034 71.85% Attachment 2 - Expenditure Detail City of Orono 2016 Line Item Budget Engineering Attachment 2 - Expenditure Detail Adjusted 2016 Y -T -D Y -T -D Budget Sep 30,2016 Adjustments Sep 30,2016 Balance Percent Professional Services 101-43170-303 303 Engineering -Retainer 0 0 0 0 0 N/A 101-43170-304 304 Engineering -Consulting 20,000 8,539 1,500 10,039 9,961 50.20% Total Professional Services 20,000 8,539 1,500 10,039 9,961 50.20% Engineering Total 20,000 8,539 1,500 10,039 9,961 50.20% Attachment 2 - Expenditure Detail City of Orono 2016 Line Item Budget Public Works Department Total Personal Services Personal Services 101-43000-101 101 Full -Time Employees Regular 101-43000-102 102 Full -Time Employees Overtime 101-43000-121 121 PERA 101-43000-122 122 FICA 101-43000-135 135 City Benefit Contribution 101-43000-142 142 Unemployment Benefit Payments 101-43000-151 151 Worker's Comp Insurance Prem Total Personal Services Adjusted 2016 Y -T -D Y -T -D Budget Sep 30,2016 Adjustments Sep 30,2016 Balance Percent 187,680 Supplies & Maintenance 101-43000-208 208 Books & Periodicals 101-43000-212 212 Motor Fuels & Lubricants 101-43000-221 221 Equipment Parts & Accessories 101-43000-222 222 Vehicle Equipment & Parts 101-43000-224 224 Street Maint. Materials/Supply 101-43000-226 226 Clothing & personal equipment 101-43000-240 240 Small Tools and Minor Equip 101-43000-402 402 Repairs/Maint-Auto Equip 101-43000-403 403 Repairs/Maint-Misc. Equip 101-43000-404 404 Repairs/Maint-Bldgs/Grounds 101-43000-408 408 Contracted Street Maint. Adjusted 2016 Y -T -D Y -T -D Budget Sep 30,2016 Adjustments Sep 30,2016 Balance Percent 187,680 138,052 (3,175) 134,877 52,803 71.87% 11,000 5,004 0 5,004 5,996 45.49% 14,900 9,976 225 10,201 4,699 68.46% 15,200 9,852 230 10,082 5,118 66.33% 48,090 25,183 6,500 31,683 16,407 65.88% 0 0 0 0 0 N/A 12,680 9,510 0 9,510 3,170 75.00% 289,550 197,577 3,780 201,357 88,193 69.54% 170 169 0 169 1 99.41% 45,600 12,499 0 12,499 33,101 27.41% 16,000 7,683 0 7,683 8,317 48.02% 8,000 2,452 0 2,452 5,548 30.65% 40,980 35,849 0 35,849 5,131 87.48% 3,500 2,222 0 2,222 1,278 63.48% 1,000 2,182 0 2,182 (1,182) 218.17% 7,000 8,710 0 8,710 (1,710) 124.43% 3,000 5,013 0 5,013 (2,013) 167.11% 0 7,955 0 7,955 (7,955) N/A 47,810 4,994 0 4,994 42,816 10.45% Total Supplies & Maintenance 173,060 89,729 0 89,729 83,331 51.85% Professional Services 101-43000-304 304 PW Engineering -Consulting 0 0 0 0 0 N/A 101-43000-319 319 Professional Services 0 0 0 0 0 N/A Total Professional Services 0 0 0 0 0 N/A Attachment 2 - Expenditure Detail Public Works Total City of Orono 2016 Line Item Budget Public Works Department cont. Adjusted 2016 Y -T -D Y -T -D Budget Sep 30,2016 Adjustments Sep 30,2016 Balance Percent 0 Other Expenses 101-43000-331 331 Travel Expenses 101-43000-381 381 Gas & Electric 101-43000-386 386 Street Lighting 101-43000-415 415 Other Equipment Rentals 101-43000-433 433 Memberships 101-43000-437 437 Training & Development 101-43000-441 441 Licenses & Taxes 101-43000-489 489 Other Miscellaneous Charges Public Works Total City of Orono 2016 Line Item Budget Public Works Department cont. Adjusted 2016 Y -T -D Y -T -D Budget Sep 30,2016 Adjustments Sep 30,2016 Balance Percent 0 0 0 0 0 N/A 4,880 4,031 (2,039) 1,992 2,888 40.82% 21,690 14,461 2,039 16,500 5,190 76.07% 960 188 0 188 772 19.57% 430 155 0 155 275 36.14% 3,000 1,762 0 1,762 1,238 58.74% 220 280 0 280 (60) 127.16% 40 69 0 69 (29) 172.28% Total Other Expenses 31,220 20,946 0 20,946 10,274 67.09% 493,830 308,252 3,780 312,032 181,798 63.19% Attachment 2 - Expenditure Detail City of Orono 2016 Line Item Budget Parks Total Personal Services 38,970 28,168 235 28,403 10,567 72.88% Supplies & Maintenance Adjusted 101-45200-212 212 Motor Fuels & Lubricants 0 2016 Y -T -D 19 Y -T -D N/A 101-45200-221 221 Equipment Parts & Accessories 500 Budget Sep 30,2016 Adjustments Sep 30,2016 Balance Percent 223 Personal Services 1,500 9,053 0 9,053 (7,553) 603.55% 101-45200-101 101 Full -Time Employees Regular 20,070 14,017 200 14,217 5,853 70.84% 101-45200-102 102 Full -Time Employees Overtime 0 231 0 231 (231) N/A 101-45200-103 103 Part -Time Employees 0 9,223 (9,222) 1 (1) N/A 101-45200-104 104 Temporary Employees Regular 10,000 0 9,222 9,222 778 92.22% 101-45200-121 121 PERA 1,510 1,029 15 1,044 466 69.11% 101-45200-122 122 FICA 2,300 1,171 20 1,191 1,109 51.77% 101-45200-135 135 City Benefit Contribution 3,600 1,380 0 1,380 2,220 38.33% 101-45200-151 151 Worker's Comp Insurance Prem 1,490 1,118 0 1,118 373 75.00% Total Personal Services 38,970 28,168 235 28,403 10,567 72.88% Professional Services 101-45200-319 319 Professional Services 1,000 3,381 0 3,381 (2,381) 338.10% Total Professional Services 1,000 3,381 0 3,381 (2,381) -238.10% Attachment 2 - Expenditure Detail Supplies & Maintenance 101-45200-212 212 Motor Fuels & Lubricants 0 19 0 19 (19) N/A 101-45200-221 221 Equipment Parts & Accessories 500 703 0 703 (203) 140.54% 101-45200-223 223 Bldg/Grounds Maint. Supplies 1,500 9,053 0 9,053 (7,553) 603.55% 101-45200-225 225 Misc Park Supplies 10,000 5,999 0 5,999 4,001 59.99% 101-45200-403 403 Repairs/Maint-Misc. Equip 0 2,557 0 2,557 (2,557) N/A 101-45200-404 404 Repairs/Maint-Bldgs/Grounds 52,000 30,209 0 30,209 21,791 58.09% Total Supplies & Maintenance 64,000 48,540 0 48,540 15,460 75.84% Professional Services 101-45200-319 319 Professional Services 1,000 3,381 0 3,381 (2,381) 338.10% Total Professional Services 1,000 3,381 0 3,381 (2,381) -238.10% Attachment 2 - Expenditure Detail City of Orono 2016 Line Item Budget Parks cont. Adjusted 2016 Y -T -D Y -T -D Budget Sep 30,2016 Adjustments Sep 30,2016 Balance Percent Attachment 2 - Expenditure Detail Other Expenses 101-45200-331 331 Travel Expenses 0 0 0 0 0 N/A 101-45200-381 381 Gas & Electric 550 269 0 269 281 48.99% 101-45200-415 415 Other Equipment Rentals 3,300 4,067 0 4,067 (767) 123.24% 101-45200-439 439 Meeting Expenses 0 0 0 0 0 N/A 101-45200-441 441 Licenses & Taxes 300 0 0 0 300 0.00% 101-45200-489 489 Other Miscellaneous Charges 0 160 0 160 (160) N/A 101-45200-490 490 Contributions to Civic Org's 0 0 0 0 0 N/A Total Other Expenses 4,150 4,496 0 4,496 (346) 108.34% Parks Total 108,120 84,585 235 84,820 23,300 78.45% Attachment 2 - Expenditure Detail City of Orono 2016 Line Item Budget Golf Course Adjusted 2016 Y -T -D Y -T -D Budget Sep 30,2016 Adjustments Sep 30,2016 Balance Percent 101-45210-101 101 Full -Time Employees Regular 32,690 23,279 610 23,889 8,801 73.08% 101-45210-103 103 Part -Time Employees 37,160 45,752 1,200 46,952 (9,792) 126.35% 101-45210-104 104 Temporary Employees Regular 0 660 0 660 (660) N/A 101-45210-121 121 PERA 3,640 0 0 0 3,640 0.00% 101-45210-122 122 FICA 6,660 2,455 65 2,520 4,140 37.83% 101-45210-135 135 City Benefit Contribution 0 0 0 0 0 N/A 101-45210-142 142 Unemployment Benefit Payments 0 0 0 0 0 N/A 101-45210-143 143 OPEB Expense 0 0 0 0 0 N/A 101-45210-151 151 Worker's Comp Insurance Prem 1,790 1,343 0 1,343 448 75.00% Total Personal Services 81,940 73,488 1,875 75,363 6,577 91.97% Total Supplies & Maintenance 300 Supplies & Maintenance 101-45210-201 201 Office supplies 101-45210-212 212 Motor Fuels & Lubricants 101-45210-221 221 Equipment Parts & Accessories 101-45210-223 223 Bldg/Grounds Maint. Supplies 101-45210-226 226 Clothing & personal equipment 101-45210-240 240 Small Tools and Minor Equip 101-45210-401 401 Repairs/Maint-Office Equip 101-45210-402 402 Repairs/Maint-Auto Equip 101-45210-403 403 Repairs/Maint-Misc. Equip 101-45210-404 404 Repairs/Maint-Bldgs/Grounds Total Supplies & Maintenance 300 239 0 239 61 79.65% 5,000 2,716 0 2,716 2,284 54.33% 1,500 1,993 0 1,993 (493) 132.88% 4,500 6,302 0 6,302 (1,802) 140.05% 180 152 0 152 28 84.58% 0 59 0 59 (59) N/A 0 165 0 165 (165) N/A 0 185 0 185 (185) N/A 2,500 4,227 0 4,227 (1,727) 169.10% 12,000 9,533 0 9,533 2,467 79.44% 25,980 25,572 0 25,572 408 98.43% Attachment 2 - Expenditure Detail Total Insurances City of Orono Other Expenses Insurances 101-45210-361 361 General Liability Ins 101-45210-362 362 Umbrella Liability Ins 101-45210-365 365 Boiler & Machinery Ins 101-45210-366 366 Property Insurance 101-45210-367 367 Equipment Floaters Ins 101-45210-368 368 Automotive Insurance 101-45210-369 369 Dram Shop Insurance Total Insurances City of Orono Other Expenses 2016 Line Item Budget 101-45210-312 312 Golf Course cont. 1,000 3,244 0 3,244 (2,244) 324.44% Adjusted 319 Professional Services 2016 Y -T -D 0 Y -T -D 0 0 Budget Sep 30,2016 Adjustments Sep 30,2016 Balance Percent 7,500 5,625 0 5,625 1,875 75.00% 1,500 1,125 0 1,125 375 75.00% 300 225 0 225 75 75.00% 2,300 1,725 0 1,725 575 75.00% 300 225 0 225 75 75.00% 370 278 0 278 93 75.00% 0 613 0 613 (613) N/A 12,270 9,816 0 9,816 2,455 80.00% Attachment 2 - Expenditure Detail Other Expenses 101-45210-312 312 Bank Fees 1,000 3,244 0 3,244 (2,244) 324.44% 101-45210-319 319 Professional Services 0 0 0 0 0 N/A 101-45210-321 321 Telephone 2,200 2,596 0 2,596 (396) 117.98% 101-45210-331 331 Travel Expenses 0 0 0 0 0 N/A 101-45210-340 340 General Advertising 1,000 500 0 500 500 50.00% 101-45210-352 352 Printing & Publishing 0 370 0 370 (370) N/A 101-45210-381 381 Gas & Electric 8,300 6,306 0 6,306 1,994 75.97% 101-45210-415 415 Other Equipment Rentals 9,500 7,051 0 7,051 2,449 74.22% 101-45210-433 433 Memberships 250 270 0 270 (20) 107.95% 101-45210-437 437 Training & Development 150 0 0 0 150 0.00% 101-45210-440 440 Special Equipment Replacement 0 0 0 0 0 N/A 101-45210-441 441 Licenses & Taxes 550 319 0 319 231 58.00% 101-45210-489 489 Other Miscellaneous Charges 0 119 0 119 (119) N/A Total Other Expenses 22,950 20,775 0 20,775 2,175 90.52% Attachment 2 - Expenditure Detail City of Orono 2016 Line Item Budget Golf Course cont. Adjusted 2016 Y -T -D Y -T -D Budget Sep 30,2016 Adjustments Sep 30,2016 Balance Percent Attachment 2 - Expenditure Detail Purchases for Resale 101-45210-090 090 PURCHASES FOR RESALE 0 0 0 0 0 N/A 101-45210-091 091 Beer For Resale 3,000 3,285 0 3,285 (285) 109.50% 101-45210-092 092 Soft Drinks For Resale 4,000 3,837 0 3,837 163 95.93% 101-45210-093 093 Concessions For Resale-Txbl 1,500 0 0 0 1,500 0.00% 101-45210-094 094 Concessions For Resale-NonTax 1,000 2,085 0 2,085 (1,085) 208.47% 101-45210-095 095 Pro Shop Items For Resale 0 1,681 0 1,681 (1,681) N/A 101-45210-099 099 Other For Resale 0 0 0 0 0 N/A Total Purchases for Resale 9,500 10,888 0 10,888 (1,388) 114.61% Golf Course Total 152,640 140,539 1,875 142,414 10,226 93.30% Attachment 2 - Expenditure Detail City of Orono 2016 Line Item Budget Special Services -Consulting & Police Adjusted 2016 Y -T -D Y -T -D Budget Sep 30,2016 Adjustments Sep 30,2016 Balance Percent Special Services -Consulting & Police Total 95,750 58,907 4,000 62,907 32,843 65.70% Attachment 2 - Expenditure Detail Personal Services 101-43280-102 102 Full -Time Employees Overtime 35,000 18,855 0 18,855 16,145 53.87% 101-43280-121 121 PERA 5,250 1,944 0 1,944 3,306 37.03% 101-43280-122 122 FICA 500 245 0 245 255 48.98% 101-43280-135 135 City Benefit Contribution 0 4 0 4 (4) N/A Total Personal Services 40,750 21,048 0 21,048 19,702 51.65% Professional Services 101-43280-304 304 Engineering -Consulting 43,000 29,572 3,000 32,572 10,428 75.75% 101-43280-307 307 Legal -Consulting 12,000 8,288 1,000 9,288 2,712 77.40% 101-43280-319 319 Professional Services 0 0 0 0 0 N/A 101-43280-800 800 Special Projects, Contingency 0 0 0 0 0 N/A Total Professional Services 55,000 37,860 4,000 41,860 13,140 76.11% Special Services -Consulting & Police Total 95,750 58,907 4,000 62,907 32,843 65.70% Attachment 2 - Expenditure Detail City of Orono 2016 Line Item Budget Special Projects -Contingencies Adjusted 2016 Y -T -D Y -T -D Budget Sep 30,2016 Adjustments Sep 30,2016 Balance Percent Capital Personal Services 101-43290-101 101 Full -Time Employees Regular 0 0 0 0 0 N/A 101-43290-720 720 Total Personal Services 0 0 0 0 0 N/A Professional Services 365,000 0 273,750 273,750 91,250 75.00% 101-43290-304 304 Engineering -Consulting 0 0 0 0 0 N/A 101-43290-319 319 Professional Services 0 0 0 0 0 N/A Total Contingency Items Total Professional Services 0 0 0 0 0 N/A Other Expenses 101-43290-489 489 Other Miscellaneous Charges 0 0 0 0 0 N/A Total Other Expenses 0 0 0 0 0 N/A Capital & Transfers 101-43290-510 510 Land 0 0 0 0 0 N/A 101-43290-720 720 Operating Transfers 365,000 0 273,750 273,750 91,250 75.00% Total Capital & Transfers 365,000 0 273,750 273,750 91,250 75.00% Contingency Items 101-43290-800 800 Special Projects, Contingency 40,000 5,234 0 5,234 34,766 13.09% Total Contingency Items 40,000 5,234 0 5,234 34,766 13.09% Special Projects -Contingencies Total GENERAL FV.ND TOTAL Attachment 2 - xpenditure 405,000 5,234 273,750 278,984 126,016 68.88% 7,708,570 5,002,549 544,184 5,546,733 2,158,510 71.96% Detail De City of Orono Expenditure Summary with Comparison to Budget For The 6 Months Ending June 30, 2015 - 16 rtment Quarter Sept 30 2015 Percent Annual Dec 31 Percent Mayor & Council 71,504 77.98% 91,446 99.72% Administration 210,017 74.86% 269,268 95.98% Elections 1,500 62.50% 316 13.17% Assessing 94,407 59.00% 166,074 103.80% Finance Department 232,680 73.03% 307,892 96.63% Law/Legal Services 73,821 75.71% 96,581 99.06% Central Services 189,903 79.44% 240,555 100.63% Human Services 11,997 96.75% 11,997 96.75% Police Department 2,895,430 72.90% 3,737,312 94.10% Fire Protection 294,759 76.17% 383,856 99.19% Building & Zoning 505,636 73.65% 670,933 97.73% Engineering 13,063 52.25% 17,080 68.32% Public Works 364,460 65.73% 496,239 89.50% Parks 81,882 77.91% 109,375 104.07% Golf 136,925 92.52% 159,434 107.73% Special Services 71,837 102.73% 103,456 147.94% Special Projects 19,243 48.11% 24,500 61.25% Transfer to Other Funds 292,500 75.00% 390,000 100.00% 5,561,564 73.37% 7,276,314 96.00% Sept 30 2016 Budget Balance Percent 77,723 83,240 5,517 93.37% 203,195 291,120 87,925 69.80% 7,774 18,130 10,356 42.88% 161,831 180,000 18,169 89.91% 241,645 322,320 80,675 74.97% 82,022 102,500 20,478 80.02% 192,403 244,470 52,067 78.70% 9,500 12,400 2,900 76.61% 2,869,101 4,076,850 1,207,749 70.38% 302,321 395,150 92,829 76.51% 508,016 707,050 199,034 71.85% 10,039 20,000 9,961 50.20% 312,032 493,830 181,798 63.19% 84,840 108,120 23,280 78.47% 142,414 152,640 10,226 93.30% 62,907 95,750 32,843 65.70% 5,234 40,000 34,766 13.09% 273,750 365,000 91,250 75.00% 5,546,747 7,708,570 2,161,823 71.96% Attachment 2 - Expenditures 2015 - 2016 Comparison City of Orono Investments 9/30/2016 Summary CD US Agency Bonds MM Total Dain Rauscher 4,667,000 - 285,656 4,952,656 Wells Fargo Advisors 2,669,000 2,605,000 95,000 5,369,000 UBS 245,000 554,850 283,587 1,083,437 Smith Barney 4,431,000 - 19,931 4,450,930 4M Fund - - 1,322,876 1,322,876 12,012,000 3,159,850 2,007,049 17,178,899 Summary City of Orono Investments - As of 9/30/16 Invest Name Invest # Type Broker Purchase Maturity Rate Date Date BMW Bk North Amer UT 05568PZ67 CD Dain Rauscher 10/26/2012 10/26/2016 1.30% 1st Business Bank Mad 31938QE8 CD Dain Rauscher 3/9/2016 12/30/2016 0.80% Essa Bk Stoudsburg PA 29667RGM9 CD Dain Rauscher 6/28/2012 6/28/2017 1.10% 1 st Bk Lubbock Tx 319042DP9 CD Dain Rauscher 6/28/2012 6/28/2017 1.00% State Bk Pinhurst GA 855898AW2 CD Dain Rauscher 7/2/2012 7/3/2017 1.05% State BK India NY 856284Z80 CD Dain Rauscher 9/11/2014 9/11/2017 1.40% Goldman Sachs NY 38143AP41 CD Dain Rauscher 10/24/2012 10/24/2017 1.50% Third Fed Svgs & Loan 88413QAK4 CD Dain Rauscher 3/21/2014 12/21/2017 1.10% Western St Bk Devils Lake 95960NHV2 CD Dain Rauscher 7/11/2012 1/11/2018 1.35% WebBank 947547HY4 CD Dain Rauscher 3/11/2026 1/18/2018 1.00% Cmmty 1 st Bk Roseville CA 203658AJ8 CD Dain Rauscher 10/30/2012 10/30/2018 1.15% JP Morgan Columbus 48125T2G9 CD Dain Rauscher 2/26/2015 2/26/2018 1.25% Conestoga Bank 20701PBS2 CD Dain Rauscher 2/26/2016 3/29/2018 1.00% Suntrust Bank 86789VSQ1 CD Dain Rauscher 6/28/2016 12/27/2021 1.20% Admirals Bank 007220AM8 CD Dain Rauscher 8/25/2016 8/27/2018 1.10% Commenty Cap Bank 20033ARU2 CD Dain Rauscher 9/6/2016 9/6/2019 1.20% Money Market MM Dain Rauscher Ally Bank UT 02006LEK5 CD Smith Barney 5/9/2016 5/14/2018 0.55% Cit Bank Salt Lake 17284AZ35 CD Smith Barney 6/27/2012 12/27/2016 1.35% Bank Baroda NYC 06062QNP5 CD Smith Barney 3/11/2015 3/21/2017 75.00% BMW Bank, UT 05568P6U6 CD Smith Barney 2/27/2014 2/14/2017 1.00% Discover Bank, Greenwood 254671 H94 CD Smith Barney 2/27/2014 3/6/2017 1.00% 1st Niagara Buffalo 33583CNT2 CD Smith Barney 3/27/2015 3/27/2017 0.80% Everbank Jacksonville 29976DWK2 CD Smith Barney 4/15/2015 4/13/2017 0.80% Oriental B&T 686184W1 CD Smith Barney 7/17/2015 7/17/2017 1.20% Cit Salt Lake 17284CLT9 CD Smith Barney 8/22/2013 8/28/2017 1.45% BMO Harris Chicago 05573J5W0 CD Smith Barney 10/21/2015 10/23/2017 1.10% ZBNA 98878BCN6 CD Smith Barney 3/11/2016 3/6/2018 1.00% Synovus Bank 87164DHTO CD Smith Barney 3/11/2016 3/19/2018 1.00% Wells Fargo Sioux Falls 94986TMBO CD Smith Barney 2/20/2013 2/28/2018 0.95% Bank North Thomasville 06414QWF2 CD Smith Barney 7/24/2015 4/24/2018 1.25% Amex Centurion Salt Lake 02587DYT9 CD Smith Barney 6/17/2015 6/18/2018 1.55% Cap One Glenn Allen 140420SJO CD Smith Barney 6/17/2015 6/18/2018 1.50% Compass Bk Birmingham 20451PLN4 CD Smith Barney 6/17/2015 6/18/2018 1.40% Goldman Sachs 38148PBX4 CD Smith Barney 3/1/2016 3/11/2019 1.30% HSBC 40434AP45 CD Smith Barney 3/11/2016 3/10/2021 1.30% Synchrony Draper 81764YKJ2 CD Smith Barney 10/19/2015 10/12/2021 2.35% Mercantil Bank 58733ACUl CD Smith Barney 5/6/2016 11/13/2017 1.10% Money Market MM Smith Barney Attachment 3 - Investments Cost Par Value $98,000.00 $98,000.00 $245,000.00 $245,000.00 $248,000.00 $248,000.00 $249,000.00 $249,000.00 $249,000.00 $249,000.00 $248,000.00 $248,000.00 $98,000.00 $98,000.00 $248,000.00 $248,000.00 $249,000.00 $249,000.00 $249,000.00 $249,000.00 $249,000.00 $249,000.00 $248,000.00 $248,000.00 $249,000.00 $249,000.00 $246,000.00 $246,000.00 $249,000.00 $249,000.00 $249,000.00 $249,000.00 $285,656.46 $285,656.46 $4,952,656.46 $4,952,656.46 $248,000.00 $248,000.00 $150,000.00 $150,000.00 $248,000.00 $248,000.00 $150,000.00 $150,000.00 $150,000.00 $150,000.00 $249,000.00 $249,000.00 $249,000.00 $249,000.00 $248,000.00 $248,000.00 $99,000.00 $99,000.00 $248,000.00 $248,000.00 $248,000.00 $248,000.00 $248,000.00 $248,000.00 $245,000.00 $247,000.00 $248,000.00 $248,000.00 $120,000.00 $120,000.00 $145,000.00 $145,000.00 $248,000.00 $248,000.00 $150,000.00 $150,000.00 $245,000.00 $245,000.00 $247,000.00 $247,000.00 $248,000.00 $248,000.00 $19,930.50 $19,930.50 $4,450,930.50 $4,452,930.50 Detail City of Orono Investments - As of 9/30/16 Invest Name Invest # Type Broker Purchase Maturity Rate Cost Par Value Date Date FNMA Step 3136G14H9 GB Wells Fargo 12/17/2012 6/17/2020 1.00% $1,000,000.00 $1,000,000.00 Mizuho Bank 60688WVD3 CD Wells Fargo 7/16/2013 7/13/2017 0.70% $132,000.00 $132,000.00 Santander Bank 80280JPD7 CD Wells Fargo 7/13/2016 7/13/2017 0.75% $248,000.00 $248,000.00 First Bank Highland Park 319141CA3 CD Wells Fargo 7/30/2014 7/30/2019 2.00% $245,000.00 $245,000.00 Sallie Mae Bank 795450SJ5 CD Wells Fargo 8/13/2014 8/13/2019 2.10% $247,000.00 $247,000.00 Reading Coop Bank 755324AV2 CD Wells Fargo 3/18/2016 3/19/2018 1.05% $245,000.00 $245,000.00 Eagle Bank 27002YCU8 CD Wells Fargo 3/2/2016 6/4/2018 1.10% $245,000.00 $245,000.00 American Express Bank 02587CAT7 CD Wells Fargo 8/14/2014 8/14/2019 2.05% $247,000.00 $247,000.00 Capital One Bank USA - VA 140420QFO CD Wells Fargo 10/16/2014 10/16/2019 2.15% $100,000.00 $100,000.00 Barclays Bank - DE 06740KJC2 CD Wells Fargo 12/17/2014 12/17/2019 2.05% $245,000.00 $245,000.00 Lakeside Bank IL 51210SKV8 CD Wells Fargo 8/28/2015 8/28/2020 2.00% $225,000.00 $225,000.00 Silvergate Bank 828373FE5 CD Wells Fargo 6/28/2016 6/29/2018 1.00% $245,000.00 $245,000.00 Toyota Savings Bank 89235MHH7 CD Wells Fargo 6/7/2016 6/15/2023 2.00% $245,000.00 $245,000.00 FHLM - Step Up 3136G3AZ8 GB Wells Fargo 2/23/2016 3/16/2021 1.25% $500,000.00 $500,000.00 FHLM - Step Up 3134G8YE3 GB Wells Fargo 4/7/2016 4/28/2021 1.00% $600,000.00 $600,000.00 FNMA Step 3136G3V77 GB Wells Fargo 8/24/2016 8/24/2021 1.00% $255,000.00 $255,000.00 FHLM - Step Up 3134GAHT4 GB Wells Fargo 9/23/2016 9/23/2021 1.00% $250,000.00 $250,000.00 Money Market MM Wells Fargo $95,000.00 $95,000.00 $5,369,000.00 $5,369,000.00 Mn St Colleges 60414FLX6 GB UBS 6/27/2012 10/1/2017 1.35% $554,850.15 $555,000.00 Capital One 14042E4R8 CD UBS 7/8/2015 7/16/2018 1.60% $245,000.00 $245,000.00 Money Market MM UBS $283,586.58 $283,586.58 Money Market MM 4M Fund Total $1,083,436.73 $1,083,586.58 $1,322,875.85 $1,322,875.85 $1,322,875.85 $1,322,875.85 $17,178,899.54 1$17,181,049.39 Attachment 3 - Investments Detail REQUEST FOR COUNCIL ACTION Date: October 10, 2016 Item No. 10 Department Approval: Administrator Approval: Agenda Section: Name: Ron Olson — 311YO Y"-4 City Administrator's Title: Finance Director Report Item Description: Claims/Bills The attached claims for payment have been received by the City. Staff has reviewed the claims and is recommending approval of the listing for payment. The claims will be paid by checks 106125 to 106177, totaling $171,200.75. Noteworthy payments include: COUNCIL ACTION REQUESTED Motion to approve payment of the claims list as presented. An AED has been installed at the Golf Advanced First Aid $ 1,435.00 Course. Funding for this was from Centerpoint Energy and the Lions Club. Payment for work completed to date on the Advanced Wall Structures $ 14,315.00 Brown Road Trail. Payment for Orono's share of the Summer Orono Community Education $ 2,926.16 Program's provided by Community Education. COUNCIL ACTION REQUESTED Motion to approve payment of the claims list as presented. City of Orono Check Register - COUNCIL REPORT Page: 1 Check Issue Dates: 10/11/2016 - 10/24/2016 Oct 20, 2016 11:22AM Payee Check Issue Date Check Number Invoice Number Invoice GL Account Description Department Invoice Amount A 1 RENTAL 10/24/2016 106125 120142 101-43000-224 #432 patch truck propane Public Works Department 126.75 Total 106125: 126.75 A-1 OUTDOOR POWER, INC 10/19/2016 105952 120142 101-43000-224 propane patch truck Public Works Department 126.75 - Total 105952: 126.75 - ADVANCED FIRST AID INC 10/24/2016 106126 0716-243 101-45210-221 AED-Golf Course Golf Course 1,435.00 Total 106126: 1,435.00 ADVANCED IMAGING SOLUTIO 10/24/2016 106127 INV114530 101-42110-401 Printers 09/10-10/09/16 Police Department 102.14 ADVANCED IMAGING SOLUTIO 10/24/2016 106127 INV114530 101-41900-401 Printers 09/10-10/09/16 Central Services 102.14 ADVANCED IMAGING SOLUTIO 10/24/2016 106127 INV114530 602-49450-401 Printers 09/10-10/09/16 Sewer 51.08 Total 106127: 255.36 Advanced Wall Structures, Inc. 10/24/2016 106128 080116 225-45200-590 Brown Road Trail 14,315.00 Total 106128: 14,315.00 AMERICAN TIRE DISTRIBUTOR 10/24/2016 106129 S081914368 101-42110-402 tires Police Department 552.60 Total 106129: 552.60 ANCOM TECHNICAL CENTER 10/24/2016 106130 63165 101-42110-221 Battery Police Department 253.90 Total 106130: 253.90 APPRIZE TECHNOLOGY SOLUT 10/24/2016 106131 12922 101-41900-319 AUG/16-INSURANCE MONTHLY ADMIN FEE Central Services 450.00 APPRIZE TECHNOLOGY SOLUT 10/24/2016 106131 13170 101-41900-319 insurance enrollment online setup Central Services 1,000.00 APPRIZE TECHNOLOGY SOLUT 10/24/2016 106131 13170 101-41900-319 insurance enrollment online admin fee Central Services 450.00 Total 106131: 1,900.00 BARBARA SCHNEIDER FOUND 10/24/2016 106132 488 101-42110-437 PD -CIT First Responder Trg-15 Officers Police Department 1,200.00 Total 106132: 1.200.00 City of Orono Check Register - COUNCIL REPORT Page: 2 Check Issue Dates: 10/11/2016 - 10/24/2016 Oct 20, 2016 11:22AM Payee Check Issue Date Check Number Invoice Number Invoice GL Account Description Department Invoice Amount BCA ATTN: MNJIS 10/24/2016 106133 0000036511 101-42110-311 CJDN Access fee Police Department 510.00 Total 106133: 510.00 BERTELSON ONE SOURCE 10/24/2016 106134 WO -234457- 101-41900-201 office supplies Central Services 145.39 Total 106134: 145.39 BLUE CROSS BLUE SHIELD OF 10/24/2016 106135 11006 101-21706 Health insurance 37,297.50 BLUE CROSS BLUE SHIELD OF 10/24/2016 106135 11006 101-15998 Cobra 5,391.50 BLUE CROSS BLUE SHIELD OF 10/24/2016 106135 11006 101-42110-135 Disability continuation Police Department 594.00 Total 106135: 43,283.00 CARDMEMBER SERVICE 10/24/2016 106136 AE101716 101-43000-437 CONF REG-APWA-AEDWARDS Public Works Department 245.00 CARDMEMBER SERVICE 10/24/2016 106136 CF100416 101-42110-437 food & water -PD training Police Department 28.02 CARDMEMBER SERVICE 10/24/2016 106136 CF101516 101-42110-437 MEALS 8 OFFICERS -OPD TRAINING Police Department 85.60 CARDMEMBER SERVICE 10/24/2016 106136 JL100616 101-41300-439 meeting meal expense -long lake Administration 45.00 CARDMEMBER SERVICE 10/24/2016 106136 JL101316 101-41300-439 meeting meal expense-TONKA BAY Administration 17.00 CARDMEMBER SERVICE 10/24/2016 106136 JL101716 101-41500-437 WELCOME FOOD -DANIELLE AMIRA Finance Department 30.02 CARDMEMBER SERVICE 10/24/2016 106136 RO10132016 101-41900-201 kitchen supplies Central Services 66.12 CARDMEMBER SERVICE 10/24/2016 106136 SO092816 101-43000-212 Fuel for Saws Public Works Department 31.02 CARDMEMBER SERVICE 10/24/2016 106136 SO100616 101-41900-201 Soap Central Services 10.58 CARDMEMBER SERVICE 10/24/2016 106136 SO100616 101-41300-489 Kitchen Supplies Administration 86.84 Total 106136: 645.20 CARGILL GLOBAL SECURITY 3 10/24/2016 106137 2903007208 601-49400-216 salt Water 4,723.09 Total 106137: 4,723.09 CARL & CAREN BORG 10/24/2016 106138 10192016 101-22205 ESCROW REFUND #2016-00420 2,500.00 Total 106138: 2,500.00 CECE S SIGNS 10/24/2016 106139 7165 101-43000-222 graphics for new 426 Public Works Department 90.00 Total 106139: 90.00 CHUNKS LAKESHORE AUTO 10/24/2016 106140 0014181 101-42110-402 #841 OIL CHANGE & SERVICE Police Department 74.03 City of Orono Check Register - COUNCIL REPORT Page: 3 Check Issue Dates: 10/11/2016 - 10/24/2016 Oct 20, 2016 11:22AM Payee Check Issue Date Check Number Invoice Number Invoice GL Account Description Department Invoice Amount CHUNKS LAKESHORE AUTO 10/24/2016 106140 0014187 101-42110-402 #237 oil change & service Police Department 42.74 CHUNKS LAKESHORE AUTO 10/24/2016 106140 0014194 101-42110-402 #239 oil change & service Police Department 69.58 CHUNKS LAKESHORE AUTO 10/24/2016 106140 0014201 101-42110-402 #239 oil change & service Police Department 74.03 CHUNKS LAKESHORE AUTO 10/24/2016 106140 0014209 101-42110-402 #236 OIL CHANGE & SERVICE Police Department 74.03 CHUNKS LAKESHORE AUTO 10/24/2016 106140 0014224 101-42110-402 #223 OIL CHANGE & SERVICE Police Department 81.15 Total 106140: 415.56 CITY OF MINNETONKA 10/24/2016 106141 CM101316 101-34460 PLAN REVIEW OVERCHARGE 530.58 Total 106141: 530.58 CITY OF MINNETONKA BEACH 10/24/2016 106142 10052016 602-49450-387 3rd Qtr service Sewer 116.00 Total 106142: 116.00 City of Orono Utilities 10/24/2016 106143 093016 101-41900-382 Post Office 3rd Qtr UB Central Services 157.69 City of Orono Utilities 10/24/2016 106143 093016 601-49400-382 Water Plant 3rd Qtr UB Water 280.89 City of Orono Utilities 10/24/2016 106143 093016 101-41900-382 City Hall 3rd Qtr UB Central Services 662.40 City of Orono Utilities 10/24/2016 106143 093016 101-42110-382 PD 2nd 3rd UB Police Department 662.40 City of Orono Utilities 10/24/2016 106143 093016 101-41900-382 PW 2rd Ort UB Central Services 157.69 Total 106143: 1,921.07 COMMERCIAL ASPHALT 10/24/2016 106144 160930 101-43000-224 blacktop for patching Public Works Department 431.60 Total 106144: 431.60 DAVID & JULIA KLEMA 10/24/2016 106145 10192016 101-22205 ESCROW REFUND #2016-00658 2,500.00 Total 106145: 2,500.00 DEPUTY REGISTRAR 10/24/2016 106146 LIC#619LHK 101-42110-441 Tabs Renewal-DTF-V#1 FMC9DGXCKB42972 Police Department 11.00 DEPUTY REGISTRAR 10/24/2016 106146 LIC#619LHK 101-42110-441 Tabs Renewal-Cheif-V#1C4RDJAG4EC301552 Police Department 11.00 Total 106146: 22.00 EARL F ANDERSON & ASSOC 10/24/2016 106147 0112574 -IN 101-43000-224 sign -SNOW REMOVAL Public Works Department 230.00 EARL F ANDERSON & ASSOC 10/24/2016 106147 0112576 -IN 101-43000-224 BARRICADES Public Works Department 522.00 City of Orono Check Register - COUNCIL REPORT Page: 4 Check Issue Dates: 10/11/2016 - 10/24/2016 Oct 20, 2016 11:22AM Department Invoice Amount 752.00 Central Services 83.44 83.44 1,315.00 1,315.00 Water 52.47 52.47 Public Works Department Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number Public Works Department 59.62 Central Services 14.40 Public Works Department 3.50 Central Services 10.80 Total 106147: 7.92 Public Works Department 14.00 ECM PUBLISHERS INC 10/24/2016 106148 414898 101-41900-352 deliq public hearing ad Total 106148: EHLERS AND ASSOCIATES INC 10/24/2016 106149 71530 235-45690-319 TIF reporting Total 106149: FERGUSON WATERWORKS #2 10/24/2016 106150 0216296-1 601-49400-227 meter parts Total 106150: G & K SERVICES 10/24/2016 106151 1006122790 101-43000-226 uniforms G & K SERVICES 10/24/2016 106151 1006122790 101-43000-221 towels G & K SERVICES 10/24/2016 106151 1006125122 101-41900-404 mats G & K SERVICES 10/24/2016 106151 1006125123 101-41900-404 mats G & K SERVICES 10/24/2016 106151 1006125123 101-43000-221 AIRFRESHNERS G & K SERVICES 10/24/2016 106151 1006145145 101-43000-226 uniforms G & K SERVICES 10/24/2016 106151 1006145145 101-41900-404 mats G & K SERVICES 10/24/2016 106151 1006145145 101-43000-221 towels G & K SERVICES 10/24/2016 106151 1006880288 101-41900-404 mats G & K SERVICES 10/24/2016 106151 1006880289 101-41900-404 mats G & K SERVICES 10/24/2016 106151 1006880289 101-43000-221 AIRFRESHNERS Total 106151: GENUINE PARTS COMPANY/NA 10/24/2016 106152 335718 101-42110-402 Ford SUV Squad Headlight Blubs GENUINE PARTS COMPANY/NA 10/24/2016 106152 336602 101-41900-404 oil dry GENUINE PARTS COMPANY/NA 10/24/2016 106152 337089 101-43000-402 Battery Total 106152: GERALD FENSTAD 10/24/2016 106153 GF101416 231-35610 FORFEITURE-FENSTAD Total 106153: GOPHER STATE ONE CALL 10/24/2016 106154 6090623 601-49400-489 locates Department Invoice Amount 752.00 Central Services 83.44 83.44 1,315.00 1,315.00 Water 52.47 52.47 Public Works Department 59.62 Public Works Department 6.38 Central Services 10.80 Central Services 7.92 Public Works Department 14.00 Public Works Department 59.62 Central Services 14.40 Public Works Department 3.50 Central Services 10.80 Central Services 7.92 Public Works Department 14.00 Police Department 32.97 Central Services 66.32 Public Works Department 117.11 7,500.00 7,500.00 Water 253.13 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 10/11/2016 - 10/24/2016 Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number GOPHER STATE ONE CALL 10/24/2016 106154 6090623 602-49450-489 locates Total 106154: GRAINGER INC 10/24/2016 106155 1272618700 101-43000-240 ELECTRIC VOLTAGE METER Total 106155: HD SUPPLY WHITE CAP 10/24/2016 106156 1000580377 101-43000-226 GLOVES-MAINT SUPPLIES Total 106156: HENNEPIN COUNTY INFOR TE 10/24/2016 106157 1000082121 101-42110-414 radio lease and MDC billing HENNEPIN COUNTY INFOR TE 10/24/2016 106157 1000082216 101-41900-319 SEP/16-NETWORK SUPPORT Total 106157: HENNEPIN COUNTY SHERIFF 10/24/2016 106158 1000082009 101-41600-309 SEP/16-Jail Charges Total 106158: HENNEPIN COUNTY TREASUR 10/24/2016 106159 1000081933 602-49450-441 Dakota Rail lease Total 106159: JIVASOFT CORPORATION 10/24/2016 106160 2834 101-42110-401 annual support fee 11/14/16-11/13/17 Total 106160: JLR GARAGE DOOR SERVICE 1 10/24/2016 106161 52570 101-42110-404 garage door install PD Total 106161: KENNETH N POTTS PA 10/24/2016 106162 093016 101-41600-306 prosecution services sep/16 Total 106162: LEXISNEXIS RISK SOLUTIONS 10/24/2016 106163 1297291-201 101-42110-311 Aug/16 Contract fee Department Sewer Public Works Department Public Works Department Police Department Central Services Law/Legal Services Sewer Police Department Police Department Law/Legal Services Police Department Page: 5 Oct 20. 2016 11:22AM Invoice Amount 3,000.00 133.50 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 10/11/2016 - 10/24/2016 Page: 6 Oct 20. 2016 11:22AM Payee Check Issue Date Check Number Invoice Number Invoice GL Account Description Department Invoice Amount Total 106163: 133.50 LOGIS 10/24/2016 106164 42440 101-41900-401 Switch Power Issues Central Services 165.00 Total 106164: 165.00 LONG LAKE TRUE VALUE 10/24/2016 106165 B354313 101-45200-403 Navarre Park PinicTable Repair Parks 43.98 LONG LAKE TRUE VALUE 10/24/2016 106165 B356318 101-43000-489 Shop Supplies Public Works Department 6.49 LONG LAKE TRUE VALUE 10/24/2016 106165 B358119 101-45210-223 Pins, Glade Spray Golf Course 9.59 LONG LAKE TRUE VALUE 10/24/2016 106165 B358239 101-43000-402 Truck Sanders Public Works Department 31.00 Total 106165: 91.06 LUBE TECH ESI 10/24/2016 106166 12278 101-41900-403 repair fuel pumps Central Services 268.06 Total 106166: 268.06 MANSFIELD OIL COMPANY 10/24/2016 106167 763273 101-43000-212 Diesel Public Works Department 298.26 MANSFIELD OIL COMPANY 10/24/2016 106167 763274 101-43000-212 Fuel Public Works Department 1,341.14 MANSFIELD OIL COMPANY 10/24/2016 106167 765873 101-43000-212 Fuel Public Works Department 769.34 Total 106167: 2,408.74 MET COUNCIL ENVIRONMENTA 10/24/2016 106168 093016 101-20809 Sac 4,920.30 MET COUNCIL ENVIRONMENTA 10/24/2016 106168 093016 101-39610 SAC credit 49.70 - Total 106168: 4,870.60 MIDWEST TURF AND LANDSCA 10/24/2016 106169 6775 101-45200-319 Board up home on Crestveiw Lane Parks 75.00 Total 106169: 75.00 MINNEAPOLIS OXYGEN COMP 10/24/2016 106170 171163659 101-43000-224 oxygen & acetylene Public Works Department 24.30 Total 106170: 24.30 MINUTEMAN PRESS 10/24/2016 106171 18284 101-41900-352 fall newsletter Central Services 189.90 MINUTEMAN PRESS 10/24/2016 106171 18284 603-49500-319 fall newsletter 1,301.00 City of Orono Check Register - COUNCIL REPORT Page: 7 Check Issue Dates: 10/11/2016 - 10/24/2016 Oct 20, 2016 11:22AM Payee Check Issue Date Check Number Invoice Number Invoice GL Account Description Department Invoice Amount Total 106171: 1,490.90 MN DEPT OF LABOR & INDUST 10/24/2016 106172 093016 101-20802 #25652053170 3rd Qtr Surcharge 7,746.02 MN DEPT OF LABOR & INDUST 10/24/2016 106172 093016 101-39610 #25652053170 3rd Qtr Surcharge credit 309.84 - Total 106172: 7,436.18 MOUND TRUE VALUE 10/24/2016 106173 138664 101-42110-240 Adhesive, Connector, Cord, Velcro, Cups, Plates Police Department 144.19 MOUND TRUE VALUE 10/24/2016 106173 139005 101-42110-402 Squad Plugln's-PD1 Garage Police Department 145.90 Total 106173: 290.09 NEWEGG INC 10/24/2016 106174 1202158491 405-48500-575 Laptop Accountant 439.97 NEWEGG INC 10/24/2016 106174 1202160316 405-48500-575 Docking Station 99.99 NEWEGG INC 10/24/2016 106174 1202166219 101-43000-221 Display Connection Cables - pw Public Works Department 39.26 NEWEGG INC 10/24/2016 106174 1202166420 101-43000-221 Display Connection Cables - pw Public Works Department 47.39 NEWEGG INC 10/24/2016 106174 1202167717 101-43000-221 mounting bracketss pw Public Works Department 99.99 NEWEGG INC 10/24/2016 106174 1202170226 101-43000-221 Asset Managment Display - pw Public Works Department 1,217.98 NEWEGG INC 10/24/2016 106174 1202172067 101-43000-221 apple adapter for AM Display Public Works Department 149.99 NEWEGG INC 10/24/2016 106174 1202173140 101-41900-401 Replacement UPS Central Services 535.99 NEWEGG INC 10/24/2016 106174 1202174016 101-41900-401 UPS Batteries Central Services 260.50 Total 106174: 2,891.06 O SULLIVANS HOLIDAY 546 10/24/2016 106175 09302016 101-42110-402 car washes Police Department 93.50 Total 106175: 93.50 O SULLIVANS HOLIDAY 547 10/24/2016 106176 09302016 101-42110-402 car washes Police Department 181.74 Total 106176: 181.74 OFFICE DEPOT 10/24/2016 106177 8684734770 101-41900-201 dual monitor Central Services 85.49 OFFICE DEPOT 10/24/2016 106177 8684735320 101-41900-201 monitor Central Services 223.18 OFFICE DEPOT 10/24/2016 106177 8684735340 101-41900-201 kitchen supplies Central Services 38.57 OFFICE DEPOT 10/24/2016 106177 8687358330 101-41900-201 supplies Central Services 28.53 OFFICE DEPOT 10/24/2016 106177 8693969110 101-41900-201 ink cartridge Central Services 69.98 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 10/11/2016 - 10/24/2016 Page: 8 Oct 20. 2016 11:22AM Payee Check Issue Date Check Number Invoice Number Invoice GL Account Description Department Invoice Amount Total 106177: 445.75 OPTUM 10/24/2016 106178 942948 101-41900-319 HSA account maintenance fee 3rd gttr Central Services 142.25 Total 106178: 142.25 ORONO COMMUNITY EDUCATI 10/24/2016 106179 16106 101-41800-490 2016 Summer Recreation Program Human Services 2,926.16 Total 106179: 2,926.16 OTTEN BROTHERS 10/24/2016 106180 1466494 101-45200-223 Soil -Crystal Bay Park Parks 90.00 Total 106180: 90.00 PRAIRIE RESTORATIONS INC 10/24/2016 106181 4364 234-45680-404 Lurton Park Buckthorn Spraying 1,229.06 Total 106181: 1,229.06 PRIORITY COURIER EXPERTS 10/24/2016 106182 936241 101-41900-322 courier service Central Services 81.86 PRIORITY COURIER EXPERTS 10/24/2016 106182 938132 101-41900-322 courier service Central Services 45.61 Total 106182: 127.47 QUALITY FLOW SYSTEMS INC 10/24/2016 106183 32602 602-49450-406 LS 10 repair Sewer 3,460.00 Total 106183: 3,460.00 SELECT ACCOUNT 10/24/2016 106184 101816 101-21719 FLEX 287.08 Total 106184: 287.08 SELECT ACCOUNT 10/24/2016 106185 101116 101-21719 10/11/2016 FLEX 35.00 Total 106185: 35.00 SPRINGHILL GOLF CLUB 10/24/2016 106186 101916 101-22205 Escrow refund 2016-00678&2016-01451 5,000.00 Total 106186: 5,000.00 City of Orono Check Register - COUNCIL REPORT Page: 9 Check Issue Dates: 10/11/2016 - 10/24/2016 Oct 20, 2016 11:22AM Description keys for squad ESCROW REFUND 2016-00625 Department Police Department Mock Turtleneck, Embroidery Police Department 2-Intersector Lights, Curved Surface Adapter Charg Police Department teardown of #229 Check Check Invoice Invoice GL Account Payee Issue Date Number Number Police Department STA SAFE LOCKSMITH 10/24/2016 106187 0020471 101-42110-402 Total 106187: 2 -Duty Shirts Police Department STEVE & SALLY TWELVES 10/24/2016 106188 10192016 101-22205 Total 106188: STREICHERS POLICE EQUIP 10/24/2016 106189 11226726 101-42110-226 STREICHERS POLICE EQUIP 10/24/2016 106189 11226818 101-42110-550 STREICHERS POLICE EQUIP 10/24/2016 106189 11226819 101-42110-550 STREICHERS POLICE EQUIP 10/24/2016 106189 11228221 101-42110-226 STREICHERS POLICE EQUIP 10/24/2016 106189 11228353 101-42110-550 STREICHERS POLICE EQUIP 10/24/2016 106189 11228546 101-42110-221 STREICHERS POLICE EQUIP 10/24/2016 106189 11228798 101-42110-226 STREICHERS POLICE EQUIP 10/24/2016 106189 11228912 101-42110-226 STREICHERS POLICE EQUIP 10/24/2016 106189 11229213 101-42110-226 STREICHERS POLICE EQUIP 10/24/2016 106189 11229223 101-42110-226 STREICHERS POLICE EQUIP 10/24/2016 106189 11229349 101-42110-226 Total 106189: SUMMIT COMPANIES 10/24/2016 106190 1146101 101-45210-404 Total 106190: SUSAN SCHULTZ 10/24/2016 106191 092816 101-42110-212 SUSAN SCHULTZ 10/24/2016 106191 092816 101-42110-437 Total 106191: T W TUPY INC 10/24/2016 106192 100216 101-43000-224 T W TUPY INC 10/24/2016 106192 100216 651-49910-227 Total 106192: TIM & MARY DOUBECK 10/24/2016 106193 10192016 101-22205 Total 106193: Description keys for squad ESCROW REFUND 2016-00625 Department Police Department Mock Turtleneck, Embroidery Police Department 2-Intersector Lights, Curved Surface Adapter Charg Police Department teardown of #229 Police Department Shirt, Pants, Tie, Tie Bar, Name Plate Police Department #241 Replace Preemption Tube Police Department Battery Police Department Flashlight holder, irritant aerosol Police Department Nameplate-ERundle & Tie Bar -Gold Police Department Shirt, Battery & Collar Insigna Police Department Collar Insigina-Gold-Police Sergeant Police Department 2 -Duty Shirts Police Department 2016 Ann] Fire Extinguisher Inspection -Golf Course Golf Course reimb fuel -white bear lake reimb food -lunch trg limestone rip rap limestone rip rap ESCROW REFUND 2015-00115 Police Department Police Department Public Works Department Storm Water Invoice Amount 1 u,uuu.uu 60.98 410.97 400.00 125.99 125.80 97.96 27.98 7.99 19.99 11.98 1,379.64 81.55 81.55 4u.wu 8.13 IV,VVV.Vu City of Orono Check Register - COUNCIL REPORT Page: 10 Check Issue Dates: 10/11/2016 - 10/24/2016 Oct 20, 2016 11:22AM Department Invoice Amount Public Works Department 10.68 Water Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number Public Works Department 6.49- TOLL GAS & WELDING SUPPLY 10/24/2016 106194 40053555 101-43000-415 cylinder & Demurrage Total 106194: TRI CITY LAB 10/24/2016 106195 CB090116 601-49400-489 water testing TRI CITY LAB 10/24/2016 106195 CB09012016 601-49400-489 water testing Total 106195: TRUE VALUE HARDWARE 10/19/2016 106029 8354313 101-45200-403 Navaree park/table repair Total 106029: TRUE VALUE HARDWARE 10/19/2016 106118 B356318 101-43000-489 supplies Total 106118: TRUE VALUE HARDWARE 10/24/2016 106196 297618 601-49400-227 4Pk Alk Batteries Total 106196: VERIZON WIRELESS 10/24/2016 106197 9773193276 101-42110-321 Cell Phone -9/7 to 10/06 2016 VERIZON WIRELESS 10/24/2016 106197 9773193276 101-41900-321 Cell Phone -9/7 to 10/06 2016 VERIZON WIRELESS 10/24/2016 106197 9773193276 101-45210-321 Cell Phone -9/7 to 10/06 2016 VERIZON WIRELESS 10/24/2016 106197 9773193276 601-49400-321 Cell Phone -9/7 to 10/06 2016 VERIZON WIRELESS 10/24/2016 106197 9773193276 602-49450-321 Cell Phone -9/7 to 10/06 2016 VERIZON WIRELESS 10/24/2016 106197 9773193276 101-43000-415 Cell Phone -9/7 to 10/06 2016 Total 106197: WASTE MANAGEMENT RECYC 10/24/2016 106198 0021665-280 603-49500-316 Recycling Oct Total 106198: WESTSIDE WHOLESALE TIRE 10/24/2016 106199 776934 601-49400-402 #712 tires WESTSIDE WHOLESALE TIRE 10/24/2016 106199 776934 602-49450-402 #712 tires Total 106199: WRIGHT HENNEPIN ELECTRIC 10/24/2016 106200 10102016 602-49450-381 9/01 to 10/01 service Department Invoice Amount Public Works Department 10.68 Water 688.50 Water 42.00 Golf Course 730.50 Parks 43.98- Sewer 43.98 - Public Works Department 6.49- 6.49 - Water 4.99 Police Department 1,479.25 Central Services 154.11 Golf Course 77.14 Water 70.02 Sewer 70.02 Public Works Department 35.01 1,885.55 Water 287.32 Sewer 287.32 574.64 Sewer 54.03 City of Orono Check Register - COUNCIL REPORT Page: 11 Check Issue Dates: 10/11/2016 - 10/24/2016 Oct 20, 2016 11:22AM Description Department Invoice Amount 9/01 to 10/01 service Public Works Department 80.33 134.36 8/22 to 9/24 Check Check Invoice Invoice GL Account Payee Issue Date Number Number 8/22 to 9/24 WRIGHT HENNEPIN ELECTRIC 10/24/2016 106200 10102016 101-43000-381 Total 106200: Public Works Department 1,916.96 8/22 to 9/24 Parks XCEL ENERGY 10/24/2016 106201 518491630 101-45210-381 XCEL ENERGY 10/24/2016 106201 518491630 101-41900-381 XCEL ENERGY 10/24/2016 106201 518491630 101-42110-381 XCEL ENERGY 10/24/2016 106201 518491630 101-42110-381 XCEL ENERGY 10/24/2016 106201 518491630 101-43000-381 XCEL ENERGY 10/24/2016 106201 518491630 101-43000-386 XCEL ENERGY 10/24/2016 106201 518491630 101-45200-381 XCEL ENERGY 10/24/2016 106201 518491630 601-49400-381 XCEL ENERGY 10/24/2016 106201 518491630 602-49450-381 Total 106201: YAMAHA GOLF & UTILITY INC 10/24/2016 106202 01-175569CL 101-45210-415 YAMAHA GOLF & UTILITY INC 10/24/2016 106202 01-176880 101-45210-415 Total 106202: Grand Totals: Description Department Invoice Amount 9/01 to 10/01 service Public Works Department 80.33 134.36 8/22 to 9/24 Golf Course 653.68 8/22 to 9/24 Central Services 1,652.77 8/22 to 9/24 Police Department 1,101.27 8/22 to 9/24 Police Department 34.97 8/22 to 9/24 Public Works Department 143.17 8/22 to 9/24 Public Works Department 1,916.96 8/22 to 9/24 Parks 85.04- 8/22 to 9/24 Water 3,022.42 8/22 to 9/24 Sewer 4,901.68- 3,538.52 cart lease Golf Course 1,410.00 cart lease Golf Course 1.410.00 2,820.00 REQUEST FOR COUNCIL ACTION DATE: October 24, 2016 ITEM NO: 11 Department Approval: Administrator Reviewed: Agenda Section: Name Jessica Loftus Y"-4 Closed Meeting Title City Administrator Item Description: Closed Meeting — Labor Negotiation The Open Meeting Law, Minn. Stat. Sec. 13D.03, allows the City Council to close a meeting to discuss labor negotiation strategies. The meeting does need to be tape recorded and no further City Council business will be conducted after the closed meeting other than to adjourn. Attached under separate confidential cover is the current proposal from the Police Officers union for discussion. COUNCIL ACTION REQUESTED: Consider a motion to close the regular meeting to discuss labor negotiation strategies. Contract Issues L.E.L.S. Local 440 Orono Police Officers Date: October 3, 2016 The Union wishes to discuss and reach resolution on the following issues: 1. Article XXV - Duration, The Union prefers a 2 year agreement. C1 The City is willing to negotiate a multiyear agreement 2. Article M — Work Schedules, Add the following language: 11.4 The work schedule shall be based on 2080 hours Per vear and shall not generate more than 60 hoursyer.emyloyee of Time Owed City (TOC). Cl Through schedule management, the City is willing to consider limiting the TOC to 70 hours per year. U2 The Union renews this proposal -further discussion 3. Article XIV — Call Back Time Increase the minimum from two (2) hours to three (3). 1 Accept — three (3) hours 4. Article XV — Court Standby Time Delete the current language and add the following: 15.1 An Employee who is required to appear in co one and one-half 1.5) times the Employee's base pay rate. An extension or early report to a regularly scheduled shift for duty does not qualify the Employee for the three (3) hour minimum. 15.2 Employees required by the Employer to standby for a potential court appearance shall be paid a minimum of three (3) hours for such standby time at the rate of one hour pay for each hour on standby. If an Employee on standby is required to report to court, standby time is then converted to court time as provided in Section 15.1. 15.3 Employeesho have been placed on standby and who are not notified of a court cancellation prio_ r to 5:00 p.m. on the dM preceding the scheduled appearance will be paid for the appearance in the same fashion as described in Section I S of this Weement. 15.4 If the employee owes time to the City the striaight time standby wAl may be subtracted from the balance owed at the Employee's discretion. If the employee does not owe the City time, the employee will receive two (2) three 3 hours of pay at the regular rate. As an alternative, upon mutual agreement and if within the compensatory time accumulation maximum, the employee may receive twe-(2) three 3 of compensator- time at the straight time rate. C1 15.1-- Decline 15.2 — Decline 15.3 — Decline 15.4 — Decline — The market norm appears to still be split between two (2) or three (3) hours. U2 The Union renews this proposal.. 5. Article XVIII — Wages, 18.2 —18.3 Increase the 3 year top pay by 3.75% for each year of the contract.] 18.5 LONGEVITY A. After 4 years After 6 years After 10 years After 14 years After 18 years 3% additional to base rate 5% additional to base rate 7% additional to base rate 9% additional to base rate 12% additional to base rate C 1 Decline 3.75% each year — See Attachment B for market wage information. Counter proposal below considers market rate, 2% non-union wages and revenue crunch with contract revenue being less that wages (Mound 2.5% in 2016, wages 2.75% in 2016) and fine revenue needing to be made up. 2017 — Option A: 2% without any change to longevity, or Option B: 1.5% (near CPI/inflation) plus longevity proposal below. 2018-2% 2019-2% Longevity — Counter proposal with cost to employer of $7,060 over 3 year contract, Counter After 4 years 3% additional to base After 6 years 5% i After & years 6% After 10 years 7% A ter 12 years 8% After 14 years 9% U2 See attachment 6. Article XIX -- Insurance, Discuss amount of increase of the Employer contributions as they apply to "Single" "Single Plus" and "Family" coverage for each year. C1 2017 — Employer contribution of $915 per month for single coverage and $1,255 Family Coverage 2018 — Employer contribution of $915 per month for single coverage and $1,255 plus/minus fifty (50%) percent of any increase or decrease in the family health insurance premiums. Willingness to explore PEIP? 2019 - Employer contribution of $915 per month for single coverage and $1,255 plus/minus fifty (50%) percent of any increase or decrease in the family health insurance premiums_ U2 The Union will accept this offer if 2018 only include 50% of any increase and not decrease. If we explore PEIP and accept a lessor plan it may reduce rates and we will then get a reduction in coverage and also in Employer Contribution. 7. Article XXI — Vacation Add the following language to the current language as follows: 21.1 Employees will accumulate vacation leave according to the following schedule: 0 through -5 3. years continuous service 40 7 days (" 84 hours) 6 4 through 4.0 8 years continuous service 10 days (120 hours) 44 9 through -14 13 years continuous service 12 days (144 hours) 4-614-15 years continuous service 13 days (156 hours) 4.716 years continuous service 14 days (168 hours) 4$17 years continuous service 15 days (180 hours) 4-9 18 years continuous service 16 days (192 hours) 20 years and over continuous service 18 days (216) hours 21.2 The maximum accumulation of accrued vacation is 240 280 hours. An em to ee at the 280 maximum may cash out the additional hours b depositing the money into the Employee's HSA or Deferred Compensation 45plan. 21.3 Vacation , e uests shall not be denied because of creating overtime exce t in an emmency situation. Cl. Decline (21.1, 21.2, 21.3) low S. ARTICLE XXIV SEVERANCE PAY Each employee with at least three (3) years, but less than twelve (12) years, of service with the EMPLOYER will receive, upon honorable termination of employment, one-third (1/3) of the employee's accumulated sick leave as severance pay. Each employee with twelve (12) years or more of service with the Employer will receive, upon honorable termination of employment, one-half (1/2) of the employee's accumulated sick leave as severance pay. into a designat A 'Res, DEH*Ymeat Ktalth Care Savings Plan. C1 Accept — The city is willing to consider changing language from "shall" to "may" however we need confirmation with state/IRS. This will cost the City some additional payroll taxes. U2 All we are asking is for elimination of the last sentence as it is also in Article XXV, POST EMPLOYMENT HEALTH CARE SAVINGS ACCOUNT. 9. ARTICLE XXV POST EMPLOYMENT HEALTH CARE SAVINGS ACCOUNT 25.1 Each employee shall participate in the Minnesota Post Employment Health Care Savings Plan (HCSP) established under- Minnesota Statues section 352.98. All funds collected by the employer on behalf of the employees shall be deposited into the HCSP. !_,29w, e Each employee shall contribute 2% of salary to the HCSP. The employer shall deduct this amount from each payroll check. Upon termination of employment 100% of severance pay, as that term is defined in this Labor Agreement, shall be deposited into the HCSP. Change the amounts etc. decided by the membership after discussion. C1 Accept -- Moving to an MOU is fine but chances seem small that al members will agree to different percentage. U2 We will provide the City with any changes. Add a section as follows: 25.2 The Em to er shall deposit an amount equal to 2.0% of an em to ee's bi-month wages into the employee's PEHCSA on a monthly basis. Cl 25.2 — Decline — The City currently contributes 16.2% into retirement pensions costing $320,000 annually. U2 Issue dropped 9. Article XXVI — Post License/Trainin Add the following: 16.3 Employees attending training shall be comi2ensated for all hours including travel time to and from the trahting at their regular rate of Pay unless the total combined hours exceed their regularly scheduled shift. Time in excess of their regularly scheduled shift shall be compensated at the overtime rate of pay. Travel time shall be calculated as time from the Orono PD to the training. Cl Decline — The City pays for mandatory training but is not willing to incur the additional cost of paying for travel to non mandatory training. The increased cost to the City to pay for travel time would reduce the number of training opportunities that the City could afford. U2 The Union renews this request but limits travel time to 2 hours per incident unless previously arranged if distance was excessive. The Union reserves the right to add to; remove; or modify issues in this proposal to reach an agreement. Uln�or. ajl'age VropoSao I Crzi4AUAL Steps Current 2017 2018 2015 ;art 75% $25.35 $26.11 $26.89 $27.70 Fter 6 mo. 80% $27.04 $27.85 $28.69 $29.55 year 95% $28.73 $29.59 $30.48 $31.39 years 90% $30.42 $31.33 $32.27 $33.24 years 100% $33.80 $34.81 $35.86 $36.93 years Fong 3% $34.81 $35.86 $36.93 $38.04 gears tong 5% $35.49 $36.55 $37.65 $38.78 ) years long 7% $36.17 $37.25 $38.37 $39.52 t years long 9% $36.84 $37.95 $39.09 $40.26 1 years long 11% $38.64 $39.80 $41.00 Steps Current 2017 2018 2019 Start 75% $26.11 $26.11 $26.89 $27.70 After 6 mo. 80% $27.85 $27.85 $28.69 $29.55 1 year 85% $29.59 $29.59 $30.48 $31..39 2 years 90% $31.33 $31.33 $32.27 $33.24 3 years W. $33.07 $34.06 $35.08 $36.14 4 years 100% $34.81 $35.77 $36.75 $37.76 6 years long 5% $36.55 $37.56 $38.59 $39.65 10 years long 7% $37.25 $38.27 $39.32 $40.40 14 years long 9% $37.94 $38.99 $40.06 $41.16 Prepared by LELS - 9/30/2016